Violations by debt collectors
Date: Sat, 05/24/2008 - 03:01
It also holds true that if you call them and they talk to you over the phone, the same applies. They must tell you on the phone they are not licensed in your state and they must hang up the phone.
it isnt an fdcpa violation at all--states have their own laws ab
it isnt an fdcpa violation at all--states have their own laws about licensing. There is no provision in the FDCPA about licensing because the FDCPA is federal law and licensing is a state law issue. The most you could hope to get them on in the FDCPA for not being licensed would be deceptive practices, and thats stretching a bit I think
I've never seen anything in the fdcpa stating that they HAVE to
I've never seen anything in the fdcpa stating that they HAVE to tell you they are licensed to collect in your state. The only thing that they have to do is the mini-Miranda - "this call is an attempt to collect a debt, and any information received will be used for that purpose."
Not saying whether they are licensed in your state or not is not a violation. Now if you discover they are not licensed, that's another issue.
It is an oblique violation of fdcpa because by not being license
It is an oblique violation of fdcpa because by not being licensed,they are being deceptive in the collection process.Not a real strong violation. Since they are not licensed,sick your attorney general on them. This would probably fall under your state guidelines for unlawful/unfair deceptive trade practices.
That is what I figured cajunbulldog. The state law states exactl
That is what I figured cajunbulldog. The state law states exactly what you said, and also I have seen past lawsuits where people won and what they claimed is that any violation of the fdcpa is a violation of Ch. 93A per se.
Fyi is also correct as some states do not require license.
Fyi is also correct as some states do not require license.