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 Posted: Tue Oct 16, 2007 11:27 am Subject: Laws Regarding Original Creditors
Latest Blog Post : http://frogpatch.yesdebtfree.org |
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I have asked this question before but have never really received or found an answer on a state or federal level. With with the horror stories I have been reading about Cash Call and their tactics I find it hard to believe that there are no laws to protect people against the wrath of original lenders. I emailed my State Attorney General this question. (Florida) I was of course ignored as usual. As the fdcpa applys only to third party collectors it strikes me as odd that an original creditor should be allowed to make threats, speak to third parties, call you at work when told not to and even tell your children that you are a bad person. This is the u.s. and it would seem to me their must be a law somewhere. Any help would be beneficial for so many who are dealing with Cash Call especially!
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frogpatch
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Posted: Tue Oct 16, 2007 11:41 am Subject:
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State laws would come into play with original creditors. So each state could vary slightly.
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goudah2424
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Posted: Tue Oct 16, 2007 11:43 am Subject:
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I just found this pertaining to Florida:
| Quote: | | Every state has laws that say if a collections agency is collecting a debt, they are legally obligated to stop contacting a consumer if the consumer sends a Cease and Desist letter and/or a Power of Attorney notifying the collection agency that a third party is responsible for handling all communications with the creditor. Florida law takes it a step farther and not only limits harassment from collection agencies, but also from the original creditor as well. In most states, when a consumer falls behind on their payments and the debt is still being collected by the original creditor (the bank that originally lent you the money or the hospital that serviced you, for example), then the creditor is reserved the right to call the debtor on a daily basis in order to collect whatever is owed. |
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goudah2424
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Posted: Tue Oct 16, 2007 11:48 am Subject:
Latest Blog Post : http://frogpatch.yesdebtfree.org |
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I have searched on the net and came up with nothing. The laws are buried so deep in volumes of legalese that searching almost requires an attorney. There should be a way to weed through state laws. A help desk or something. If you AG won't respond like mine you are lost.
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frogpatch
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Posted: Tue Oct 16, 2007 11:55 am Subject:
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Here are Florida's laws regarding debt collection:
| Quote: | Florida State Statute Regulating Debt Collection / debt collectors
Title 33, PART VI. CONSUMER COLLECTION PRACTICES
559.552 Relationship of state and federal law.--Nothing in this part shall be construed to limit or restrict the continued applicability of the federal Fair Debt Collection Practices Act to consumer collection practices in this state. This part is in addition to the requirements and regulations of the federal act. In the event of any inconsistency between any provision of this part and any provision of the federal act, the provision which is more protective of the consumer or debtor shall prevail.
559.72 Prohibited practices generally.--In collecting consumer debts, no person shall:
(1) Simulate in any manner a law enforcement officer or a representative of any governmental agency;
(2) Use or threaten force or violence;
(3) Tell a debtor who disputes a consumer debt that she or he or any person employing her or him will disclose to another, orally or in writing, directly or indirectly, information affecting the debtor's reputation for credit worthiness without also informing the debtor that the existence of the dispute will also be disclosed as required by subsection (6);
(4) Communicate or threaten to communicate with a debtor's employer prior to obtaining final judgment against the debtor, unless the debtor gives her or his permission in writing to contact her or his employer or acknowledges in writing the existence of the debt after the debt has been placed for collection, but this shall not prohibit a person from telling the debtor that her or his employer will be contacted if a final judgment is obtained;
(5) Disclose to a person other than the debtor or her or his family information affecting the debtor's reputation, whether or not for credit worthiness, with knowledge or reason to know that the other person does not have a legitimate business need for the information or that the information is false;
(6) Disclose information concerning the existence of a debt known to be reasonably disputed by the debtor without disclosing that fact. If a disclosure is made prior to such reasonable dispute having been asserted and written notice is received from the debtor that any part of the debt is disputed and if such dispute is reasonable, the person who made the original disclosure shall reveal upon the request of the debtor within 30 days the details of the dispute to each person to whom disclosure of the debt without notice of the dispute was made within the preceding 90 days;
(7) Willfully communicate with the debtor or any member of her or his family with such frequency as can reasonably be expected to harass the debtor or her or his family, or willfully engage in other conduct which can reasonably be expected to abuse or harass the debtor or any member of her or his family;
( 8 ) Use profane, obscene, vulgar, or willfully abusive language in communicating with the debtor or any member of her or his family;
(9) Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate or assert the existence of some other legal right when such person knows that the right does not exist;
(10) Use a communication which simulates in any manner legal or judicial process or which gives the appearance of being authorized, issued or approved by a government, governmental agency, or attorney at law, when it is not;
(11) Communicate with a debtor under the guise of an attorney by using the stationery of an attorney or forms or instruments which only attorneys are authorized to prepare;
(12) Orally communicate with a debtor in such a manner as to give the false impression or appearance that such person is or is associated with an attorney;
(13) Advertise or threaten to advertise for sale any debt as a means to enforce payment except under court order or when acting as an assignee for the benefit of a creditor;
(14) Publish or post, threaten to publish or post, or cause to be published or posted before the general public individual names or any list of names of debtors, commonly known as a deadbeat list, for the purpose of enforcing or attempting to enforce collection of consumer debts;
(15) Refuse to provide adequate identification of herself or himself or her or his employer or other entity whom she or he represents when requested to do so by a debtor from whom she or he is collecting or attempting to collect a consumer debt;
(16) Mail any communication to a debtor in an envelope or postcard with words typed, written, or printed on the outside of the envelope or postcard calculated to embarrass the debtor. An example of this would be an envelope addressed to "Deadbeat, Jane Doe" or "Deadbeat, John Doe";
(17) Communicate with the debtor between the hours of 9 p.m. and 8 a.m. in the debtor's time zone without the prior consent of the debtor;
(1 8 ) Communicate with a debtor if the person knows that the debtor is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the debtor's attorney fails to respond within a reasonable period of time to a communication from the person, unless the debtor's attorney consents to a direct communication with the debtor, or unless the debtor initiates the communication; or
(19) Cause charges to be made to any debtor for communications by concealment of the true purpose of the communication, including collect telephone calls and telegram fees.
559.77 Civil remedies.--
(1) A debtor may bring a civil action against a person violating the provisions of s. 559.72 in a court of competent jurisdiction of the county in which the alleged violator resides or has his or her principal place of business or in the county wherein the alleged violation occurred.
(2) Upon adverse adjudication, the defendant shall be liable for actual damages and for additional statutory damages of up to $1,000, together with court costs and reasonable attorney's fees incurred by the plaintiff. In determining the defendant's liability for any additional statutory damages, the court shall consider the nature of the defendant's noncompliance with s. 559.72, the frequency and persistence of such noncompliance, and the extent to which such noncompliance was intentional. In any class action lawsuit brought under this section, the court may award additional statutory damages of up to $1,000 for each named plaintiff and an aggregate award of additional statutory damages not to exceed the lesser of $500,000 or 1 percent of the defendant's net worth for all remaining class members, but in no event may this aggregate award provide an individual class member with additional statutory damages in excess of $1,000. The court may, in its discretion, award punitive damages and may provide such equitable relief as it deems necessary or proper, including enjoining the defendant from further violations of this part. If the court finds that the suit fails to raise a justiciable issue of law or fact, the plaintiff shall be liable for court costs and reasonable attorney's fees incurred by the defendant.
(3) A person shall not be held liable in any action brought under this section if the person shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.
(4) An action brought under this section must be commenced within 2 years after the date on which the alleged violation occurred.
(5) In applying and construing this section, due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to the federal Fair Debt Collection Practices Act.
559.78 Judicial enforcement.--In addition to other penalties provided in this part, state attorneys and their assistants are authorized to apply to the court of competent jurisdiction within their respective jurisdictions, upon the sworn affidavit of any person alleging a violation of any of the provisions of this part. Such court shall have jurisdiction, upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of this part, whether or not there exists an adequate remedy at law; and such injunction, suspension, or revocation shall issue without bond.
559.785 Criminal penalty.
--It shall be a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person not exempt from registering as provided in this part to engage in collecting consumer debts in this state without first registering with the office, or to register or attempt to register by means of fraud, misrepresentation, or concealment. |
_________________
How I make some extra cash
I earn at least $20 extra every month doing offers. And you don't have to pay a cent.
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goudah2424
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Posted: Tue Oct 16, 2007 12:51 pm Subject:
Latest Blog Post : http://frogpatch.yesdebtfree.org |
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How do you find this stuff? I do a search and come up with a lot of nothing. Thanks for that! Now you only have 49 states to go! LOL
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frogpatch
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Posted: Tue Oct 16, 2007 1:57 pm Subject:
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How do I find this info, I live in PA but am dealing with Cash Call in CA. What law would apply for collection from the original creditor, would it be California?
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jazzy4136
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Posted: Tue Oct 16, 2007 2:05 pm Subject:
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No, it would be your state's laws.
_________________
How I make some extra cash
I earn at least $20 extra every month doing offers. And you don't have to pay a cent.
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goudah2424
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Posted: Tue Oct 16, 2007 2:06 pm Subject:
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Pennsylvania doesn't publish it's statutes online, but here is a summary of PA's laws:
| Quote: | Fair Debt Collection Practices
Pennsylvania's Fair Credit Extension Uniformity Act seeks to protect consumers from certain unfair or deceptive debt collection practices. The following is a summary of the relevant provisions.
The following debt collection practices are not permitted without your express permission or permission granted through a court order:
contacting you at unusual times or places
contacting you before 8 a.m. or after 9 p.m.
contacting you at work (if the debt collector is aware your employer does not allow such contact)
contacting you when the debt collector is aware you are represented by an attorney
Debt collector & third party communications:
debt collectors may only contact third parties to ascertain your location/whereabouts
debt collectors may not reveal to third parties that you owe debt
Debt collector may not harass you, or third parties in connection with collecting a debt:
debt collectors may not use threats of violence or harm
debt collectors may not use profane or obscene language
debt collectors may not repeatedly use the telephone to annoy
debt collectors may not publish a list of debtors (except lists sent to credit bureaus)
Unfair and deceptive debt collection practices are not permissible:
debt collectors may not make false implications of government affiliation
debt collectors may not assert false threats of legal action or legal status
debt collectors may not falsely imply you committed a crime
debt collectors may not deposit a postdated check prematurely
Although the Fair Credit Extension Uniformity Act does protect consumers from illegal methods of collection, the best way to protect yourself from unfair debt collection practices is to avoid excessive debt altogether. Also, it is a good idea to keep a log of when you receive your bills; that way, when a bill does not arrive on time, you can call the company and inquire into its absence and likely avoid any late fees. If you feel a debt collector has violated the law, you should also take steps to document such behavior. |
_________________
How I make some extra cash
I earn at least $20 extra every month doing offers. And you don't have to pay a cent.
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goudah2424
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Joined: 31 Oct 2006
Posts: 8007
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Posted: Tue Oct 16, 2007 2:10 pm Subject:
Latest Blog Post : http://frogpatch.yesdebtfree.org |
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Here is a link , provided to me by Goudah, to all the states debt collection laws.
bcsalliance.com/y_debt_statelaws.html
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frogpatch
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Posted: Tue Oct 16, 2007 2:11 pm Subject:
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WTG Frog. The mysterious link!!!!
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kashzan
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Posted: Tue Oct 16, 2007 2:13 pm Subject:
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Frog - I made the link inactive. We are not supposed to link to companies, that that site is actually like a debt settlement company or something like that. They just also happen to have links to all the state's debt collection laws.
_________________
How I make some extra cash
I earn at least $20 extra every month doing offers. And you don't have to pay a cent.
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goudah2424
Moderator
Joined: 31 Oct 2006
Posts: 8007
Debtcc Points: 111631
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