Robert
Rochester,#2Consumer Comment
Tue, May 31, 2005
A good website for this is: http://www.rcfp.org/taping/ The Virginia code states: Under the ssate statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Va. Code Ann. 19.2-61; Belmer v. Commonwealth, 553 S.E.2d 123 (Va. App. 2001). The Kentucky law reads: Ky. Rev. Stat. Ann. 526.010: It is a felony to overhear or record, through use of an electronic or mechanical device, a wire or oral communication without the consent of at least one party to that communication. Ky. Rev. Stat. Ann. 526.020. Both of your laws basically state that you can record a conversation if ONE party consents and NOT have to tell the other person. Now, that said.. YOU have the right to tape your phone calls and you don't have to tell them that you are doing it. In ALL CASES when someone is dealing with bill collectors, I would be recording ALL conversations. Under the Fair Debt Collection Act, the creditor cannot discuss these debts with a third party without the consent of the debtor. What they are threatening to do is illegal and they know it. I don't think that they have talked to your neighbors, but I would ask the neighbors if they have had any conversations with ANYONE about your wife. If that is the case, ask them to write a statement to that effect. You can read the act on the FTC website. I would encourage anyone who is receiving telephone calls, letters, anything, from a collector to get a copy of the act and read it. The FTC website is: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm As far as filing a complaint against them. DO IT. Sent it to the state Attorney General's Office and the FTC. These people are trying to piss you off and it worked. Couple of things I would do: If this is a third party collector tell them that you want: 1. Proof of the debt. 2. Tell them that you will NOT deal with third party collectors or brokers but that you will speak directly with the "company" that is owed the money. 3. Send them a Cease and Desist letter. 4. Do NOT call them back. Hope this helps. From what Ive read on here, collection agencies like this are bottom feeders.
Robert
Dale City,#3REBUTTAL Individual responds
Tue, May 31, 2005
This has been an eventful few days since I first filed this report. First of all, the little troll called Saturday morning and when she found that neither my wife or I were there to take her call, she replied "Well tell them I'll leave word with their neighbors!" and hung up! I walked in about 15 minutes later, was told what the trolls message was and called her back. She said that she was well within her rights to contact our neighbors to investigate what kind of people we are and to leave any number of messages she wanted to! The troll continued with her ranting and raving until I said that I'd talked to all our neighbors and they were going to record any and all phone calls concerning anyone asking questions or leaving messages for us! She became more than a little angry and shouted into the phone that by law anyone recording her had to tell her before they recorded her. When I reminded her what her knowitall supervisor had said in referance to Virginia Law, she said that law didn't apply to her because she wasn't calling from Virginia! Who is right? MMMMMMMM! Over the weekend, I obtained a complete list of the Premier Employees including their full names, addresses, home phone numbers, cell phone numbers, automobile description, car tag numbers and a heap of information about the various employees. I'm compiling a directory of Collection Agency Employees that will opnely list all their personal information, to include their credit histories. Since collection agencies now feel they have the legal right to bascially tell anyone anything about anyone, then this so called legal right goes both ways. We as the attacked can defend ourselves by exposing anyone connected to this largely unregulated business. We'll see just how many of you lamea-- cretins will threaten and harass people via the phone if you knew ahead of time that your name and personal history was out there for anyone to see and use to track you down. I heard from the genius Supervisor this morning. He asked who I was and refused to say who her was and then said "You're being way to evasive for me this morning and hung up! Legal collection tactics are one thing. But people hide behind phony names on the phone and harass, threaten and intimidate anyone thye choose simply because they are protected by the phone! But when people use threats, attemtped intimidation, threats to talk to neighbors and such go too far and need to be dealt with now and not later. So Mr. Hot Shot with Premier Recovery with attorneys nationwide ready to sue me for SLANDER, come on you myopic little gargoyle, sue me!!!!!!!!!!!! You can bet your a*s the actions by Premier Recovery employees up to now is enough to file legal action against you and its going to be done! Anyone having had any business dealings with Premier Recovery please add to this report!