Phone calls from collector

[canagarian]

Is it legal to sue, or include the specific individual who calls from a CA in a legal complaint for phone calls received after a VOD letter has been received stating that all communications be done in writing only?

Also based on the phone calls I have received, am I correct in that I should file my complaint with the FTC and my state's Attorney General's office? Can I file a complaint in my local civil court simultaneously? I believe I can. Has anyone filed a complaint and can you tell me how things went?

Probably not.

It is, however actionable if they call you after you send them (certified mail) a request to stop calling you, per the FDCPA.

Henry Franklin.

[seeker]

If you get calls only from one individual, and you have proof that you have noticed that individual in writing, then you may be able to - kind of like not having 'immunity' if it is 'knowingly and willing' violating the FDCPA. Ask your Attorney General or the FTC when you file the complaint.

Makes sense.

Seeker

[Livefire]

I believe you have to state it in the form of a limited Cease and Desist....

All further communication will be writing. Any attempts to telephone myself or friends and family are in violation of the FDCPA and will logged and/or recorded. This information will be used to vigorously defend my commercial rights and prosecute violators to the fullest extent of law and statute!

Sincerely....

They can say they werent warned!

Found at this link


http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#806




§ 805. Communication in connection with debt collection [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;

(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

(b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.








Now, write your letter.



Henry Franklin

[canagarian]

I need clarification. Are the CAs fined $1000/attempt by the government only or am I also entitled to $1000 each attemept in civil court, or is it both?