Do I Have Grounds for Legal Action?
Date: Thu, 11/20/2008 - 09:06
Contacting a third party once for locating you is OK. Contact af
Contacting a third party once for locating you is OK. Contact afterwards is an fdcpa violation and you can sue them for 1000.00 for each violation. Get an attorney who will handle this on contingency. They are out there.
Actually fdcpa violations are up to $1000 per action, not violat
Actually fdcpa violations are up to $1000 per action, not violation.
I know about C&D letters, I've used them before. The phonecalls
I know about C&D letters, I've used them before. The phonecalls are an annoyance, but that's not what has me hopping mad. It's the fact they actually mailed my debt information to a third party, without confirming who actually lived there. I thought that was a serious against-the-law thing. I guess I'm just at a point where I really, really hate collectors and want to take a few down. lol.
Well it is against the law for someone to open mail not addresse
Well it is against the law for someone to open mail not addressed to them so the CA would have no liability there.
Have the people at the other address spoken to or writen the CA to tell them to stop calling? Have you spoken with the CA and told them? Or written them?
Actually, NASCAR_Devil, I had an attorney tell me the other day
Actually, NASCAR_Devil, I had an attorney tell me the other day that to sue under the Florida Fair Consumer Collection Practices Act, as opposed to the Fair Debt Collection Practices Act, it is $1,000 per violation. We plan to go after a CA that I sued last year as well as a new one that racked up repeated violations of the FCCPA.
I know not all states have the same law Florida has; however, there is almost always an exception to every rule, so it is best to consult with an attorney in your state to find out exactly what recourse you have.
The most important thing, though, is to stand up for your rights. Whether it's $1,000 per violation or only $1,000 per action, it's important to hold CA's accountable for violating the fdcpa. Even if you don't sue the CA, it's important to file complaints with the FTC and your state's Attorney General's office.
The last name on the envelope matched theirs. They are elderly,
The last name on the envelope matched theirs. They are elderly, and didn't think to scrutinize the outside first, they assumed any mail they got delivered to their address was theirs. (I have done the same thing. Opened a neighbor's electric bill by mistake, because it was delivered to me and I hadn't taken the time to read the outside of the envelope). At first they thought, when they opened it, that someone was trying to con them out of paying someone else's debt, then they realized it was my debt, and it was from the same company that has called them several times. They have since demanded to be left alone, and I haven't spoken to them in the last five days so don't know if they have gotten more calls or not. But I get several a day at my own home phone, and have spoken to these collectors enough that they have no reason to be calling or mailing a third party about my whereabouts other than for pure harassment. I requested a couple of days ago that they stop, and they play dumb. But we have the mailings as proof.