Steve
Bradenton,#2Consumer Comment
Thu, March 02, 2006
Actually it is a violation of the FDCPA [Fair Debt Collection Practices Act] and each violation MAY bring UP TO $1000, plus costs. The other catch is that you have to sue for it in Federal Court, the FTC just doesn't impose a fine and you run off with the cash. Doesn't work like that. I have fought plenty of these cases. The FTC does not do individual enforcement. They wait until they get a certain number of complaints, then they go after the offender, fine them and keep the money. You don't get any of it. Not quite fair, Huh? It's nice to post the real facts.
Steve
Bradenton,#3Consumer Comment
Thu, March 02, 2006
Actually it is a violation of the FDCPA [Fair Debt Collection Practices Act] and each violation MAY bring UP TO $1000, plus costs. The other catch is that you have to sue for it in Federal Court, the FTC just doesn't impose a fine and you run off with the cash. Doesn't work like that. I have fought plenty of these cases. The FTC does not do individual enforcement. They wait until they get a certain number of complaints, then they go after the offender, fine them and keep the money. You don't get any of it. Not quite fair, Huh? It's nice to post the real facts.
Steve
Bradenton,#4Consumer Comment
Thu, March 02, 2006
Actually it is a violation of the FDCPA [Fair Debt Collection Practices Act] and each violation MAY bring UP TO $1000, plus costs. The other catch is that you have to sue for it in Federal Court, the FTC just doesn't impose a fine and you run off with the cash. Doesn't work like that. I have fought plenty of these cases. The FTC does not do individual enforcement. They wait until they get a certain number of complaints, then they go after the offender, fine them and keep the money. You don't get any of it. Not quite fair, Huh? It's nice to post the real facts.
Steve
Bradenton,#5Consumer Comment
Thu, March 02, 2006
Actually it is a violation of the FDCPA [Fair Debt Collection Practices Act] and each violation MAY bring UP TO $1000, plus costs. The other catch is that you have to sue for it in Federal Court, the FTC just doesn't impose a fine and you run off with the cash. Doesn't work like that. I have fought plenty of these cases. The FTC does not do individual enforcement. They wait until they get a certain number of complaints, then they go after the offender, fine them and keep the money. You don't get any of it. Not quite fair, Huh? It's nice to post the real facts.
J
Chicago,#6Consumer Suggestion
Thu, March 02, 2006
Simply recite that they are in violation of the fair credit and collections act. Sections 804,805 and 806. Having been so notified there is a $10,000 penalty for each time they try to call you again. Ask if they understand. If there is no answer say; "I take it from your silence that you are familiar with the fair credit and collections act. This call has been recorded. ANy further calls to this number will invoke a fine of $10,000 with the FTC. I have your information. Goodbye." then hang up easy as that. here is the link to the FCACA http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#806
Steve
Bradenton,#7Consumer Comment
Mon, February 27, 2006
You can record ANY telephone conversation in which you are a speaking participant, with or without consent of the other parties. I fought this battle once, and learned that is Federal Law. Even in the states that have laws against recording without consent, they are basically unenforceable due to the conflict with federal law, and the penalty is not criminal, it is civil. If you give someone notice of recording, and they stay on the line and keep talking, that is consent. They had a right to hang up. I like to blow a police whistle in the ear of the crackhead collector.
Jace
Chicago,#8Consumer Suggestion
Mon, February 27, 2006
You should know the laws of both the state you are in and the state from which the person is calling you before claiming that a call is being recorded, as this possibly subjects you to legal action. Remember, a debt collector has legal remedies to collect unpaid debts. Calling day and night is not one of those remedies, as it's possibly a violation of the FDCPA. Since MCG will likely try to scare or bully you into paying the (time-barred) debt, I would only communicate with them in writing, i.e. request a validation of debt and file complaints with your state attorney general and FTC if they do not comply.
Michael
WYANDANCH,#9REBUTTAL Owner of company
Sun, February 26, 2006
THATS WHAT THEY ARE AND THEY WON'T STOP UNTIL YOU TALK TO THEM . MAYBE YOU HAD AN OLD UNPAID BILL. SPRINT NEXTEL. CREDITCARD BILL OR ANYTHING ELSE.. JUST TALK TO THEM AND BEFORE THEY SAY ANYTHING YOU TELL THEM THAT THIS PHONE IS BEING RECORDED EVEN IF IT;S NOT. AND THEN YOU GO ON TELLING THEM HOW MAY I HELP YOU
Steve
Bradenton,#10Consumer Suggestion
Sun, February 26, 2006
Cheryl, Forget the advice to list them on the Do Not Call list. That ONLY applies to TELEMARKETERS of the commercial type. Merchants Credit Guide Co are NOT telemarketers. They are debt collectors, and of the worst kind! Debt buyers who purchase mostly old, time barred debts for less than a penny on the dollar! They are major scumbags. They have total disregard for the law and the basic rights of debtors. You need to send a "Cease Communications" request as per your rights under the FDCPA, which you really need to make yourself familiar with. Go to BudHibbs.com to get a sample of a good letter to send, and also check the agencies to avoid section to see what you are dealing with. DO NOT talk to them over the phone. Do NOT even answer the call. SEND THE LETTER right away, and do it by certified mail, return reciept requested, and be sure to put the certified# on the letter itself. Hope this helps.
James
Los Angeles,#11Consumer Suggestion
Sat, February 25, 2006
Just list the calls here... https://www.donotcall.gov/Complain/ComplainCheck.aspx