Skip to main content

Debtconsolidationcare.com - the USA consumer forum

CA consequences

Date: Tue, 03/29/2011 - 02:49

Submitted by anonymous
on Tue, 03/29/2011 - 02:49

Posts: 202330 Credits: [Donate]

Total Replies: 9


What consequence can collection agencies face if they don't follow the fdcpa rules. Can any action be taken against them?


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.


lrhall41

Submitted by aubrey on Tue, 03/29/2011 - 08:16

( Posts: 1203 | Credits: )


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.


lrhall41

Submitted by PDLOwner on Tue, 03/29/2011 - 13:03

( Posts: 1049 | Credits: )


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.


lrhall41

Submitted by aubrey on Wed, 03/30/2011 - 06:40

( Posts: 1203 | Credits: )