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Afni violated FDCPA by contacting me after instructed to stop

Date: Tue, 11/11/2008 - 21:38

Submitted by anonymous
on Tue, 11/11/2008 - 21:38

Posts: 202330 Credits: [Donate]

Total Replies: 2


afni, Inc. contacted me about an alleged debt supposedly owed to a now-bankrupt cellphone company over a month ago. I responded promptly and requested validation.

They sent a copy of an invoice from a single month of service. I responded by asserting that they had failed to validate the debt, and that contacting me again without enclosing a copy of a contract with the original creditor with my signature, along with bills for every single month of service, would be in direct violation of the fdcpa.

Today they sent another letter demanding money. It contained nothing other than an invoice for a single month, exactly what they sent previously.

All my letters were sent via USPS with signature confirmation.

At this point, they have contacted me without proper validation after I told them to stop, so they have violated the FDCPA.

What should I do now? I plan on the following:

-Contacting my local Department of Consumer Affairs and filing a formal complaint.

-Contacting AFNI again to inform them that they violated the FDCPA and that I'm filing charges.

Is there anything else I should do?


Quote:

contacting me again without enclosing a copy of a contract with the original creditor with my signature, along with bills for every single month of service, would be in direct violation of the fdcpa.


Nothing in the FDCPA about providing any of what you have listed. See Sec 809. No violation.

The only way to keep them from contacting you completely is to send them a full Cease Comm letter. After reciept, they can contact you one more time to inform you they are ceasing collection efforts or any specific action they intend to take.


lrhall41

Submitted by NASCAR_Devil on Wed, 11/12/2008 - 06:13

( Posts: 4671 | Credits: )