Robert
Buffalo,#2Consumer Comment
Mon, November 03, 2008
I don't have a blue book. I wasn't writting a contract. Welcome back.
Robert
Buffalo,#3Consumer Comment
Sun, November 02, 2008
""When speaking of a particular legal act, the 'A' should be capitalized (an 'act,' the 'Act'). Check your Blue Book. "" And your point is? I capitalized the "a" as "A" for emphasis-SINGULAR. I suppose I should have typed "FDCPA is a single piece of legislation; a single Act." ""The collector can continue to call your sister, subject to a few restrictions, until they get accurate contact information out of her. A cease and desist letter is probably the way to go."" Perhaps they can according to the FDCPA, but you should know that the FDCPA does NOT state they can call until they get accurate information. They might be able to claim that they thought the information was incomplete, inaccurate, etc (exceptions listed in the FDCPA.) HOWEVER, the FDCPA has a section about HARASSMENT/ABUSE. NO ONE is OBLIGATED to provide ANY contact information to any creditor/debt collector. As an attorney you should know this. NO court that I know of is going to buy into the "incomplete information" crap as justification for 2 or more calls per day to a neighbor or relative as a legitimate attempt to obtain location information-they will interpret these actions as what they are; harassment. Further, it is a simple matter to set the debt collector up for criminal harassment charges with a simple, certified, return receipt requested letter that DEMANDS that they stop the telephonic harassment. Also, it's even better if the collection agency is located in NY. We have a little section of the NYS General Business Law known as Article 29H. Oh! Welcome back! LOL!
Tim
Grand Haven,#4Consumer Suggestion
Sun, November 02, 2008
Robert, When speaking of a particular legal act, the "A" should be capitalized (an "act," the "Act"). Check your Blue Book. The collector can continue to call your sister, subject to a few restrictions, until they get accurate contact information out of her. A cease and desist letter is probably the way to go.
Robert
Buffalo,#5Consumer Suggestion
Thu, October 30, 2008
""Did they tell her this was a collections? If yes - they are violating FDCPA laws."" The FDCPA is A law-singular. ""They can contact one time only in an attempt to reach you, they cannot discuss why they are calling and cannot continue to call."" INCORRECT. You need to read the FDCPA. The FDCPA specifically states when an additional call is allowed without it being a violation of the act.
Laurie
Haslet,#6Consumer Suggestion
Thu, October 30, 2008
www.budhibbs.com Bud Says First Revenue began with the policy of preying on people with their threats of impending legal actions, garnishment and seizure. We're not sure who stepped in and toned down the rhetoric but complaints are down nationwide. Go to this site and learn how to fight them. Did they tell her this was a collections? If yes - they are violating FDCPA laws. They can contact one time only in an attempt to reach you, they cannot discuss why they are calling and cannot continue to call.