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Has anyone successfully sued a CA for violating the FDCPA?

Date: Mon, 10/04/2010 - 11:19

Submitted by anonymous
on Mon, 10/04/2010 - 11:19

Posts: 202330 Credits: [Donate]

Total Replies: 8


Asset Acceptance LLC (AACC) has been harassing me since July trying to collect on a debt that isn't mine. They couldn't validate the debt; I sent a strongly worded cease and desist, certified mail with return receipt requested. I have proof that they received the c&d letter. They have called me on a daily basis every weekday since receiving it. I contacted an attorney on Friday and am waiting to meet with him. I've read that I can collect $1000 for every time AACC calls me and that they may be ordered to pay the attorney's fees.

Has anyone in this forum ever successfully sued a CA? What is the process like? Is it difficult to collect the money from them if you win? Also, if the CA has their own attorney, can he legally ask for any of my personal info? The CA already has my name, address and unlisted phone number, but has cited the last four digits of a social security number which is not mine. The debt itself is not mine - I have no idea how they linked me to it. I have excellent credit.

Any info, ideas or experiences about this would be greatly appreciated.


No....it is $1000 max plus attornies fees. Have you talked them at all since they have received the cease and desist? Per the FDCPA, they may make one final call after receiving the cease to inform you that they will cease collections or pursue legal action. Technically if you have screened the calls, you have no violation since they are permitted the one contact.


lrhall41

Submitted by SOAPLADY on Mon, 10/04/2010 - 11:24

( Posts: 17315 | Credits: )


Soaplady,

I replied to your reply almost 4 hours ago and I don't see my reply posted yet. I'll try again:

I've never spoken on the phone to AACC, and don't intend to. I don't trust them. All my communication with them has been in writing. My cease and desist letter to them stated that they could not contact me by telephone, including leaving voice mails, and could not contact me in writing, UNLESS it was to tell me, in writing only, that they were ceasing all attempts to collect the alleged debt from me or, that they were pursuing legal action against me. Are you saying that even after I told them to cease and desist all telephone contact with me, they are still allowed by law to make one final call to me?


lrhall41

Submitted by on Mon, 10/04/2010 - 17:52

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[QUOTE=Anonymous;756526]Soaplady,

I replied to your reply almost 4 hours ago and I don't see my reply posted yet. I'll try again:

I've never spoken on the phone to AACC, and don't intend to. I don't trust them. All my communication with them has been in writing. My cease and desist letter to them stated that they could not contact me by telephone, including leaving voice mails, and could not contact me in writing, UNLESS it was to tell me, in writing only, that they were ceasing all attempts to collect the alleged debt from me or, that they were pursuing legal action against me. Are you saying that even after I told them to cease and desist all telephone contact with me, they are still allowed by law to make one final call to me?[/QUOTE]

One word...Yes

Yes


lrhall41

Submitted by PDLOwner on Tue, 10/05/2010 - 06:25

( Posts: 1049 | Credits: )


Quote:

Originally Posted by PDLOwner
One word...Yes

Yes


I am in the process and my attorney says I have a very strong case, plus he has sued them over and over again for the same stuff. They've called my home against instructions (sent in certified letter), left messages on answering machine wherein my daughter now knows I'm in collection. Did not validate debt, didn't furnish proof they were authorized to collect, and last but not least, illegally withdrew money from my checking account TWICE.

Oh, yeah I've got them, and boy am I pissed! and they are pissed because I refuse to deal with them. Sent a certified letter to the OC outlining what I've been through with their collection agency. Spoke to OC and they said it will be coming back to them. At that time I will settle with OC direct.

Most CAs settle rather than spend thousands to go to court, especially if they know they screwed up.

Go after them, and good luck.


lrhall41

Submitted by aubrey on Tue, 10/05/2010 - 06:33

( Posts: 1203 | Credits: )


the OC's post is different....was a simple cease and desist...and the law states they can have that one final contact. They cannot do a partial c&d stating in writing only....the law does not provide for that. So until they answer the phone and the CA attempts to collect or dunn them for the money, they have no case.

Actually Aubry, there is nothing in the law that requires them to prove they are authorized to collect a debt.


lrhall41

Submitted by SOAPLADY on Tue, 10/05/2010 - 07:36

( Posts: 17315 | Credits: )


Quote:

Originally Posted by SOAPLADY
the OC's post is different....was a simple cease and desist...and the law states they can have that one final contact. They cannot do a partial c&d stating in writing only....the law does not provide for that. So until they answer the phone and the CA attempts to collect or dunn them for the money, they have no case.

Actually Aubry, there is nothing in the law that requires them to prove they are authorized to collect a debt.


I would never, ever pay any collection agency (not that I have to worry about this anymore) without knowing they are authorized/own the debt. Could pay them and then the OC could come back and say it wasn't paid. Anyway, I have more than enough reasons to sue the CA .....


lrhall41

Submitted by aubrey on Tue, 10/05/2010 - 08:07

( Posts: 1203 | Credits: )