Question for Sam...........
Date: Thu, 12/14/2006 - 19:18
Sam,
Is the originating creditor bound by the fdcpa? I sent a debt verification letter to AMEX addressed in Florida. I sent it certified and have the return card signed and dated............and have recieved 6 calls since the date the letter was recieved though I specified "no phone calls" in the letter. I have caller ID with a time and date stamp and know fully well that the debt is out of SOL. I have been gone when they are calling so I have not spoken to them. Do I need to send a certified letter to every branch of AMEX? Just looking for your opinion as we live in the same state. Thanks, jimbeem.
Is the originating creditor bound by the fdcpa? I sent a debt verification letter to AMEX addressed in Florida. I sent it certified and have the return card signed and dated............and have recieved 6 calls since the date the letter was recieved though I specified "no phone calls" in the letter. I have caller ID with a time and date stamp and know fully well that the debt is out of SOL. I have been gone when they are calling so I have not spoken to them. Do I need to send a certified letter to every branch of AMEX? Just looking for your opinion as we live in the same state. Thanks, jimbeem.
The fdcpa is meant for debt collectors, and it specifically defi
The fdcpa is meant for debt collectors, and it specifically defines what a debt collector is not:
Quote:
The term does not include -- (A) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor; |
As such, a creditor really is not required to validate its debts or send you a notice of your right to dispute it. If Amex sent it out to a collection agency, then the collection agency would have to adhere to FDCPA. But if Amex is collecting on its own account, they don't.
The original creditor can pretty much call you all they want, as long as it's not so often to constitute harrassment.
