fdcpa guidelines - what can be done if a collection agency violates fdcpa guidelines?

The bottom paragraph is not suppose to be in the quote. Just learning how to use the quote option. :?

I know quite a few people who have successfully sued collection agencies and received not only their debt paid in full, but quite a bit of pocket change. Thanks for posting this :)

~Mary

Thanks for the input Tammy. You can see more of these facts here-

http://www.debtconsolidationcare.com/fdcpa.html

What can I do if a collection agency violates FDCPA guidelines? I really want to stop them from bugging me. Help me please!!!

You can sue the debt collector in a federal or state court if it violated fdcpa guideline. In case you win the lawsuit you can claim upto $1000 plus court fees.

If there is a FDCPA guidelines violation by debt collector, you can complain these facts to your state's Attorney General's office. You can also file your complaint to FTC or Federal Trade Commission.

is debt incured as a partnership covered under this law

Business debts are not covered under the FDCPA but if they appear on your personal credit report, you are covered by the FCRA

Is each violation of the FDCPA a $1000 fine or is it just the $1000
for entire case?

FDCPA violations are $1000 per action

Thanks -- that makes this fight with Redline a little more interesting.

Careful... Per action means if they call you repeatedly and harass, that is an action. Call work when they are not supposed to, that is an action. It is not a 1k payout per violation, basically per kind of violation.

Quote:

Basically what we are talking about is Redline calling me about my daughter's (not a minor) supposed debt. They've called me 5 times -- 2 hang up calls, left 2 messages on my answering machine telling me not to listen to message if I wasn't her. On the first call -- told me all the details of her supposed debt when I called them back to see who they were and what they wanted. Now it looks like they are just harassing. Hang up if we answer -- leave message if we don't.

Daughter received a text message on her cell phone to call them
she but never did. She hasn't received any kind of letter from them either.

They are saying that she owes $4800 -- not sure if that is correct or not.

After the first call -- spoke to daughter -- (she owes something --just not sure how much) and we sent them a certified letter offer to settle for $1200 -- but didn't receive any response from them on it.

Daughter does not live with us -- but nearby.

Should I just let them keep calling and hanging themselves -- or do a debt verification or what?

Looks like they have violations of FDCPA against them by her for disclosing her information and for harassment of us also.

Just not sure how to proceed now. Let them keep racking up possible violations -- until it is more than they say she owes or
try to just put a stop to them somehow?

really i work for a collection agency ..... and i have to say that all this jazz sounds good "stay calm" and when you do i will keep you on the phone and convince you on how you are going to pay! Meg wright[size=6][/size][color=Indigo][/color]

really meg.i doubt you will keep your cool with me.i set the tone when a humanoid calls.i usually get hung up on.bet it would happen with you too.

Quote:

A collection company is adding interest charges on the balance owed and according to them the interest is charged as contained in the original debtor/creditor contract...but the contract did not state any interest charges. Is this a violation?

when i called to pay off my debt, I was told that I would get a letter confirming that after I paid it. That was 2 weeks ago and I am in the process of moving my closing date for my house. Is there anything that I can do?

when i called to pay off my debt, I was told that I would get a letter confirming that after I paid it. That was 2 weeks ago and I am in the process of moving my closing date for my house. Is there anything that I can do?

You can sue for 1000.00 per violation in one filing! This comes from my attorney who specializes in this! The FDCPA is a federal law that applies to third party debt collectors only! Many state have laws in place that paralell the FDCPA but apply to original creditors also! In Florida for example those are filed in district court and can be pursued much faster! It is wise to be versed in your states laws as well! They apply to the collector no matter where he resides! You may not get him to show and win by default and never collect but he won't be able to collect either!

akb212 , you can call the office you dealt with back, and request a Paid in Full Letter. It can ba faxed to you, its your proof and many agencies will not just send it out, you have to request it.
Paul Mergel> bill collectors aren't evil, and i assume that you aren't one, but they are trained to control the call. If you refuse to be accountable for your actions, and for a signed legal contract that has your name and signature on it, then some will give up...temporarily.
...In case you haven't figured it out, I am a collector. I work with people but I also expect that they should be accountable for their actions. No one likes to be told they owe money, or that they signed a legal binding arbitrative document. I have worked for very legit companies and slummy companies; but we are all human, and most of you could not do this job.
... It isn't as easy as it sounds.
> as for sending the letter back to the creditor on the first contact... not always a good idea. Depending on the debt you owe, not all of it can be disputed. Granted there aren't many creditors or clients out there that will go to suit over a debt that isn't collected, but many will. If you go into the role of sending every creditor you first get called by a letter, eventually you will have writeoff, judgements, garnishments, and more against you.

Collectors that call you want to help too. Listen to what they have to say... maybe things won't get fully resolved the first time; or even at all; but at least hearing what they have to say and what options they have can make a difference between getting your account settled for less than the full balance, paying it full with a workable monthly payment arrangement, etc. I can't tell you how many times I have people who claim they know what I'm going to say or do next, when they don't even listen to half of what i've already said because
1>they know they owe the debt
2>this isn't their first rodeo or collection call
3>all bill collectors are evil demon spawn
...or any other number of excuses.
=========================
You may have to pay more than you wanted to pay when the call first started, but you may also catch a break and get something that is not only workable but will save you money in the long run too...
One final thing, just because a bill collector is calling you about a debt you owe doesn't mean they HAVE to give you any type of payment arrangement. But most are willing to work with you if you show common sense, accountability, and a willingness to get the matter resolved once it has been brought to your attention.

Thanks for taking the time to read this, hope it helps!

Well Meg...you sound like a real gem.

so does the humanoid above you.i never said all collectors are evil.just the ones that expect me to just hand over bank info on the phone on the very first call.once i get that vibe i terminate the call,and wait for the dunning letter(required per the FDCPA).if one doesn't show them i assume correctly that the caller is a scam.i have dealt with good collectors.none are portrayed here.

To the last poster....responding to akb212....
There are some collection agents that you absolutely can not deal with. The third party collectors who buy up debt for .01 to .05 on the dollar are the worst. And the people who work for these agencies are rude and very deceptive. I feel that if they can be so ruthless working for a collection agency, they are the same nasty, miserable, lying, deceptive people in general. It's their nature. The only reason they work for collection agencies is because they are not fit to be employed by anyone else.
Did you ever notice that they always want to document your account as a refusal to pay? Did you ever notice that they don't let you get a word in edge-wise and that are always trying to TELL you what you can afford to pay them each month? And to top it all off, they ask you what your montly income is.......NONE OF THEIR BUSINESS.
These people go against every rule and regulation out there but only record what they want to.
I just filed a complaint against a collection agency for rudeness and threats. Well guess what.....they claim that they record ALL conversations. This part of the conversation was NOT recorded. But I did turn on the recorder on my phone while I was being threatened.
You are all ruthless, but do make mistakes.

tell them my friend...testify!!!!!!!!!!!!!!!!!!

Quote:

I too work in collections, but do not lower myself to the base standards of the FDCPA violators. I have repeatedly proven to my superiors, NICE beats NASTY every time. That really scalds them. They prefer and encourage right up to the line but not quite over the line antics on the part of their agents.... Unfortunately for them once again, I have been proven to be the MOST Valuable Agent again, and again and again... competing against 540 other agents...

What goes round... comes round...

If a debt collector causes distress or verbally harasses you and you, in return, use excessive profanity to compensate for the degrading comments made to you, will that decrease your chances of filing a legitimate lawsuit?

When I was collecting, debtors called me every name in the book...and then some. We were trained not to react. Hell, I would take my headsets off, put them on hold and pick up again 30 seconds later...I would ask them if they were done. There is no excuse for a collector using profanity or verbally harrassing.

[QUOTE=SOAPLADY;651747]When I was collecting, debtors called me every name in the book...and then some. We were trained not to react. Hell, I would take my headsets off, put them on hold and pick up again 30 seconds later...I would ask them if they were done. There is no excuse for a collector using profanity or verbally harrassing.[/QUOTE]

This is excellent advice. And it goes both ways, folks.

Ain't no sense in gettin' all worked up with a collector, no matter how out-of-line they may be. They're trying to push your buttons, in order to gain an advantage. If you get worked up and start cussing them or calling them names, they know they've gotten to you. Calm, polite, and professional is the way to really frost them. And if you're recording, it sounds really good when you play it for the judge.

So what do you do when they keep calling your work and they've been told to stop my your manger. Because i'm being harassed at work over and over....because they can't contact me any other way other than work. She asked for their name, address and phone number so we can get our legal dept to handle the harassing calls. But he wouldn't tell her other than he was going to suer her....She hung up on him.

It's gotten nerve wrecking for me on top of other stuff i have to handle in my personal life. they want send anything in mail or serve me withpapers they just keep calling. They are Department of law and Investigation, that's who is calling all the time.

Quote:

my finance company calls me 6 to 10 times a day . they will call within min of each other if i dont answer and they dont leave messages . they also make the number private and at that time they will leave message after message. my voice mail states i am not availible from 8 am to 4:30 pm cause of school but they still keep calling. i am a payment behind but last time i paid we made arrangements to pay that . is what they are doing legal????

It is more than likely a dialer calling and yes it is legal. Loan holders are first party and are not subject to the FDCPA.

A collection agency contacted my on my cell phone.for a famliy member.i advised hem this is not her phone and to cease & desist all calls .. Because this is not her phone line. The collector told me that they will continue the calls .intill i send a letter . But i know that i can say it verbally because its not my debt.they never said anything about the dept .but im sure thats what it is for. Also he kept saying they are not going to stop the calls and that they will just keep calling ..question :isnt that against the fdcpa guidelines????

How do moderators like Soaplady who have such a negative attitude toward the people who post on this forum get to be moderators???
She is all for the debt collection agencies and all against anyone trying to exercise their right to stop unfair debt collection practices. She will tell you that you can't do anything.
She has posted some totally erroneous information on here to discourage people from excercising their right to complain about these agencies.
Anyone who has been harassed by a debt collection agency should do the following:
1. Google FDCPA (Fair Debt Collection Practices Act) and print yourself a copy.
2. Notify the collection agency in writing to stop calling you and to send you Debt Validation information in writing. This is spelled out and defined in the FDCPA
3. There are several other agencies you can file a complaint with, including the Better Business Bureau, the FTC, your state Attorney General, and the Attorney General of the State where the collection agency is located.

My information is NOT erroneous....I just refused to sugar coat what the consequences are and can be from inside a collection agency. You show me anything I have posted that is erronesous. People do have the right to DV if that is what you are refering too. However, I relate to what happens within a CA...especially when accounts are being worked third party agency.

You want a pity party go elsewhere. I post reality of life inside a major collection agency

I believe every consumer needs to be trated with dignity & respect. But, (especially considering the state in which the economy is in right now) should we really be encouraging consumers to evade debt collectors and teach them how to avoid paying their bills?

Most here are not evading anything....CA's and creditors just wont work with them. The accounts go to collections and are often sold to junk debt buyers who pay pennies on the dollar....and then violate every law on the books.

the BBB is not a federal agency if you look at all other settlement/consolidation companies they all have either a non-rating or a D-F rating. this is be the ower of the BBB also owns a Debt consolidation/settlement company as well and rates all others with a bad rating, however, when you look at their files on BBB there are no complaints to be found...for most companies that is. the BBB also accepts monies for companies to erase bad postings and receive good rating for their company. people need to stop relyin on the BBB because the truth of the matter is, the owner is just as money hungry as the collection agencies themselves. you are able to google bbb lawsuits and you will see what i mean good luck to all of those dealing with debt!