I realize from reading the profiles (of the few that bothered to post them) that most, if not all, of the board moderators aren't lawyers. But putting aside the fact that it's illegal in most states for non-lawyers to give legal advice, at least the moderators here could refrain from giving WRONG advice.
Example - On this topic, two different moderators have chimed in to declare that e-mails from collectors are a
per se fdcpa violation.
Think about it. If e-mail collection attempts are a violation of the FDCPA simply because someone MIGHT type an incorrect address . . . then all written communications would be illegal. After all, someone MIGHT write the wrong address on the envelope. Or someone's roommate MIGHT open the letter by mistake.
The problem with that analysis though, is that the most of the FDCPA deals with the content and timing of collectors' communications. It is designed to protect the debtor's privacy and prevent abuse. (Examples: Restrictions on contact with third parties; defining and punishing harassment, etc.)
In contrast, very little in the Act addresses the specific form that collectors' communications may or may not take. Where these do appear, most apply to both written or oral communications. Nothing in the FDCPA forbids the use of written communications, including e-mail, except in certain certain circumstances. In fact, the few restrictions I see that are specific to written communication cover the use of postcards (which would clearly violate privacy) and using letters that look like court orders or other pleadings. (A form of misrepresentation.)
A lawyer would have asked the following, at the very least:
1) Did you provide your e-mail address to the original creditor as a means of contacting you?
2) Was this your personal e-mail or one provided by your employer?
3) If it was your employer's e-mail, does your employer have a policy against receiving personal e-mails and, if so, did you inform the collector of this policy?
4) Have you notified the collector - in writing - that you refuse to pay that debt or that you wish the debt collector to cease further communication with the consumer.
5) If you did give the collector this written notice, have you received any communications since?
The lawyer would also have told you that even if you did give the written notice described in question #4, the collector is permitted to send you one final, written communication for the following reasons:
(1) to advise the consumer that the debt collector's further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt.
Frankly, I've been doing practicing law since 1994 - including representing debtors in bankruptcy and creditors in collections - and I can't tell you whether this e-mail violated the FDCPA or not. I would need a lot more information to do so, some of which I described above.
I'm not sure how these moderators can reach the conclusions they reach without that information. I think this board is great for helping people pick up strategies and tactics for their own dealings with various collectors. They're equally important as a source of exchanging information about the creditors themselves. (It's amazing how many, especially the pdl's don't have bona fide addresses and phone numbers.) But whenever someone starts handing out legal advice, watch out.
There are many laws that you have to sort through when you're in this predicament - FDCPA, FCRA, state debt collection laws, Right to Financial Privacy Act, Graham-Leach-Bliley Act, etc. Fortunately, the yellow pages are full of attorneys that offer free consultations. I urge everyone to call a real attorney if they have legal questions.
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