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Has Anyone ever sued a collector for FDCPA violation?

Date: Fri, 01/29/2010 - 16:52

Submitted by anonymous
on Fri, 01/29/2010 - 16:52

Posts: 202330 Credits: [Donate]

Total Replies: 3


I'm curious because I filled out some paperwork with a lawyer regarding a debt collector and this time the lawyer said I actually have a case. I'm just wondering how all this works. I'm actually worried that they debt collector will influence the creditor to sue me in return. I wouildn't normally pursue this but the guy actually called family members of mine in an effort to shame me. That was kindof the straw that broke the camels back. Sorry to ramble but I'm just hoping someone has been there done that.
Thanks!


Good on you! :)

IMO, let your attorney handle things. When your attorney calls with info...LISTEN & don't talk until the attorney asks you a question. TAKE NOTES as he/she talks..ask questions about things you don't understand. But, most importantly...BE HONEST with your attorney.

When my atty. calls me with info...I do ALL those things & then tell him to do whatever he pleases. I just want them OFF MY BACK! LOL!

My atty. has been REAL good.

Good luck!


lrhall41

Submitted by on Fri, 01/29/2010 - 17:58

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Yep - There's some dude in Texas, I beleive, who has been making a modest living off debt collectors by luring them into making (recorded) infractions - saying things they shouldn't say. Apparently, he's been modestly successful - to the point that he's wound up on certain "do not call" lists.


lrhall41

Submitted by on Sun, 01/31/2010 - 14:26

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I have quite a nice side business going suing abusive debt collectors for FDCPA and FCRA violations. An emerging area of law I have also successfully sued on is the TCPA, where debt collectors call your cell phone using an autodialer. The key under the TCPA is that you have not given "prior express consent" to: (a) call your cell phone; and (b) using an autodialer. A prior business relationship with the original creditor is insufficient to establish prior express consent. In any event, I would argue that consent cannot be assigned to a CA.

The TCPA is a strict liability statute and negligent violations entitle a consumer to recover $500 PER CALL, and intentional violations permit an award up to $1,500 PER CALL.


lrhall41

Submitted by on Mon, 02/01/2010 - 05:21

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