Robert
Buffalo,#2Consumer Comment
Thu, October 18, 2007
""An entity is supposed to stop all collection calls once they receive written notice to do so."" Not true if they are a first party creditor doing their own collections. Read the federal FDCPA and you'll see for yourself. However, because you're in California, you have the additional protection via the Rosenthal Fair Debt Collection Practices Act which essentially states that ALL collectors and creditors, including first party creditors ,must comply with the restrictions of the federal FDCPA imposed on debt collectors. Clearly they are violating that. You could possibly file suit in CA district court and nail them for $1000 per pop on the violations - especially if they have a business presence in CA. The California AG office should be of some assistance since they clearly are violating CA statutes. Good luck.
Jim
Anaheim,#3Consumer Comment
Thu, October 18, 2007
It's important to note the FDCPA does not apply to 1st party collectors - which is what they are in their relationship with you. A Cease and Desist letter will not work with 1st parties either. I would complain to the FTC but I don't know of what value or of what help they will be.