Cease and Desist Letter to a PDL company
Date: Tue, 05/15/2007 - 06:17
Pdl companies don't have to follow the fdcpa lines. You can't pr
Pdl companies don't have to follow the fdcpa lines. You can't press charges on them even if they continue to call after sending the C&D letter. Better alternative is to be upfront with your company and make them work on your terms.
hmmmmm, I thought they had to follow the fdcpa laws... If they d
hmmmmm, I thought they had to follow the fdcpa laws... If they dont then YOU can continue to file complaints right?
They don't have to follow the fdcpa because that particular law
They don't have to follow the fdcpa because that particular law only applies to 3rd party collection agencies. But many state laws don't distinguish between 1st party and 3rd party (for example, Connecticut and North Carolina), so you can sue in state court if you live there. Some states like Pennsylvania have laws on the books that make it illegal for anyone collecting a debt (1st or 3rd party) to threaten criminal prosecution, and others like California made it illegal to threaten prosecution in connection with a payday loan.
Not all collectors are from the pdl, by the way. Payday Recovery, Bass, United Pay and other collection agencies collect payday loan paper and are subject to the FDCPA. Even so-called debt buyers like Westbury and I-Collect are subject to it because the FDCPA applies to anyone who purchases debt AFTER it goes into default.
But even if the FDCPA doesn't apply, civil and criminal harassment laws do. Don't be afraid to call the police if someone curses at you, makes threats, etc. Not only are they harassing you, it could be considered extortion. Who knows, maybe some U.S. Attorney will get serious and finally prosecute some of these guys for racketeering.
I never really looked at Indiana law, so I wouldn't want to gues
I never really looked at Indiana law, so I wouldn't want to guess. I know the banking authorities there have been hell for leather to go after payday lenders in the past, though. I'd file a complaint with them regardless of whether the local debt collection laws help. They don't buy the argument that loans to Indiana residents are governed by anything but Indiana law.