CA consequences
Date: Tue, 03/29/2011 - 02:49
Legal actions can be taken against collection agencies if they d
Legal actions can be taken against collection agencies if they don't follow FDCPA guidelines. You may file a complaint against them with the BBB and your State Attorney General.
Have you read the FDCPA? Google it. It explains the consequenc
Have you read the FDCPA? Google it. It explains the consequences.
Dont bother with the BBB,...it is simply a letter writing organization that has no legal power.
What is the violation committed?
Yes, there are consequences. The problem is that most of the CA
Yes, there are consequences. The problem is that most of the CA's that violate the FDCPA are illegal or out of the country, which means that any restitution is next to impossible to recover. It is not impossible, but very difficult.
In the case of credit card debt, if the collection agency violat
In the case of credit card debt, if the collection agency violates FDCPA, you can obtain the services of a consumer affairs attorney to file a lawsuit. You would need to have proof of the violations. There are attorneys who will handle a case on a contingency basis. I currently have a pending lawsuit against a collector for outrageous violations. The violations need to be documented.
You might also contact the original creditor and explain the situation. They may entertain calling the account back. BofA recalled mine when I notified them of the flagrant violations of their collector.
In the case of payday loans, most are guilty of violations. Because most of them are illegal, I believe they would be very difficult to sue. Best to ignore them and move on.
Aubrey, You were right on target until you commented on PDL's.
Aubrey,
You were right on target until you commented on PDL's. Most PDL's are legal, but most complaints come from the illegal online lenders. Just as with the CA's, you very seldomly hear about issues with legal PDL's because they follow the regulations of the states that they operate in.
I sincerely apologize for that generalization. I usually re-rea
I sincerely apologize for that generalization. I usually re-read my posts for accuracy and spelling. I had meant to say "illegal pdls" of which there are many.
You've helped me tremendously with my pdls and I wouldn't intentionally diss you.
They are calling me at work , late night even though they were t
They are calling me at work , late night even though they were told not to. Isn't this a violation?
If this is a collection agency, yes it's a violation. I would s
If this is a collection agency, yes it's a violation. I would send them a letter certified mail RRR requesting that they not contact your work. Let them know that if it continues you will contact a consumer litigation attorney.
If it's your intent to try to do a settlement, then give them a number where they can call you. I used my cell phone. That way I could screen the calls and answer when I chose to.