Collector calls at work
Date: Thu, 02/25/2010 - 19:07
This is not disrupting my work and is not causing an issue with my employer, but it seems they are not getting the picture from my correspondence. Occasionally when I answer I will tell them not to call me at work anymore and just hang up, but usually I just hang up on them. Having caller ID at work helps a lot.
So here's my question. My calls here are logged, and I've been creating my own log of the unauthorized creditor calls I've been receiving. It is my understanding that these companies can be sued for every single call separately. For anyone that has been through this process, if I were to persue this, what kinds of information/documentation would I need, and how seriously is this taken by the courts? If they are out of state, how does that work? I'm not the type to jump to a lawsuit but they continue to persist, which tells me they aren't taking me seriously.
TYIA for any info!
There is a law called the Telephone Consumer Protection Act....T
There is a law called the Telephone Consumer Protection Act....TCPA...I am unsure if it would apply to debt collectors though you have told them not to call. Each violation is up to $1,500 so if they call you 30 times, you are looking at up to $45,000. You may wait for an answer on this or you can contact a consumer attorney at NACA.net. There are also other boards, a good one is collectorsexposed.com. You should also ask the question there.
Under the FDCPAct it is only up to $1,000 total, so even if they have 200 violations, it would be up to $1,000. The way this works is you let the violations build up and sue them, it gives you a better case. If you win and they continue to break the law, you sue them again......What some people have said is that if they had 10 violations, you could sue them 10 times, that is not true. It is called claim splitting and could actually cost you more in the end by filing lawsuits in bad faith.
Okay, did you send those letters certifed mail return receipt??? If you did, you need to make a copy of the signed receipt, take a copy of the first letter and then you would need to right up a second letter. You should state that they have failed to follow a cease and desist as outlined in the FDCPAct, this serves notice that this will not go overlooked. If they continue to place calls by any medium, be it at work, home or cell phone, you will be forced to consult with your attorney to see if legal action should be taken for violations of the FDCPAct.
Just a little to get you started, you have to be very careful on the wording, do not make it seem like you ARE going to sue them, you are pretty much just letting them know you have that option under federal law.
also, what state do you live in? Some states have even stricter laws, more bite.
according to the FCC, the TCPA does not provide for an individua
according to the FCC, the TCPA does not provide for an individual to sue for damages. If a business violates the TCPA, you can notify the FCC and file a complaint, and the FCC may issue a fine to that business. Also, a state attorney general can choose to sue an entity that has a demonstrated practice of repeatedly breaking this law, but an individual consumer, according to the FCC website, cannot sue for any damages based on this law.
Thanks for the input. I don't think I can get them from the TCP
Thanks for the input. I don't think I can get them from the TCPA, but they have definatly violated the FDCP. I'm not really interested in making money, I'm just interested in holding them accountable.
I am in Florida, if that helps. How does it work if the company is out of state?
was this a 3rd party collection agency or an original creditor?,
was this a 3rd party collection agency or an original creditor?, there is a difference as well in how this is to be handled.
Quote:Originally Posted by AnonymousThanks for the input. I don'
Quote:
Originally Posted by Anonymous Thanks for the input. I don't think I can get them from the TCPA, but they have definatly violated the FDCP. I'm not really interested in making money, I'm just interested in holding them accountable. I am in Florida, if that helps. How does it work if the company is out of state? |
unfortunately, taking them to court and getting money from them is pretty much the one and only way we have to hold these companies accountable. The FCC will take complaints, but I have yet to see them actually do anything solid.