Author Topic: FDCPA (Made Easy)  (Read 10873 times)

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DefLepGirl

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FDCPA (Made Easy)
« on: October 09, 2007 05:32:17 AM »
I've been working on a list for myself and thought this might help a few of you so here ya go......

When time permits I'll try to do one for the FCRA also....


§1692-b- Deals with Third Party Contact

§1692 b(1)- Failed to Identify themselves, (or) fails to state they are confirming or correcting location information

§1692 b(2)- States to a (3rd Party) that Consumer Owes any Debt

§1692 b(3)- Contacts a 3rd party more than once unless requested to

§1692 b(4)- Contacts 3rd party via Postcard

§1692 b(5)- Contacts 3rd party w/identifying envelope; i.e.,  anything on the envelope identifying them as a debt collector. 

§1692 b(6)- Contacts 3rd party after CA knows the consumer is represented by Atty.


§1692-c- Deals with Communication Practices (What they can NOT do)

§1692c(a)(1)- Before 8 a.m. or After 9 p.m.  (and/or) at any unusual time or place (and/or) at any unusual time or place known  to be inconvenient.

§1692c(a)(2)- After consumer is known to be represented by Attorney. 

§1692c(a)(3)- At a place of employment when CA knows employer prohibits  phone calls

§1692c(b)- With anyone other than consumer, consumer's atty or CRA concerning alleged debt

§1692c(c)- After written *Cease/Desist* letter


§1692-d- Deals with Harrasment and/or Abuse

§1692d- Any contact which is done to harass or abuse the consumer

§1692d(1)- Threats of violence or other criminal actions

§1692d(2)- Vulgar/Profane Language 

§1692d(3)- Publish a list of consumers who refuse to pay

§1692d(4)- Advertising the sale of debt

§1692d(5)- Making the phone ring excessively (or) bother a person repeatedly (engage them in coversation one time after another and another and another); i.e., consecutive calls.

§1692d(6)- Place phone calls without disclosing their identity.


§1692-e- Deals with False and (or) Misleading Representations in Communications

§1692e- Any false/misleading/deceptive representation or means in connection with the collection of said debt.

§1692e(1)- False representation that a CA is affiliated with the United States or any other State (badges, uniforms, etc. etc.)

§1692e(2)- Legal Status, Character or Amount of said debt

§1692e(3)- That the communication is from an attorney (when it is not) and that the individual is an attorney (when he/she is not)

§1692e(4)- Non-Payment of debt will result in arrest, prison, (or) seizure/garnishment

§1692e(5)- Threats to take action that can no legally be taken or actions that are not intended to be taken. 

§1692e(6)- Sale or transfer of any portion of the debt will cause the consumer to lose any claim or defense to payment of the debt.

§1692e(7)- That the consumer committed any crime or any other statement (or) conduct done in order to disgrace the consumer.

§1692e 8- Threatens or communicates false credit information, which includes the failure to communicate that a debt is disputed.

§1692e(9)- A CA can NOT represent documents as authorized, issued or approved by the courts, official, or the United States (or State)

§1692e(10)- Any false representation or deceptive means to collect a debt or obtain information about a consumer.

§1692 e(11)- When Communications fail to contain the min-miranda warning; i.e., "This is an attempt to blah blah blah......

§1692e(12)- Debt has been turned over to innocent purchasers for value.

§1692e(13)- Documents are legal process when they are not..........

§1692e(14)- Any name other than the true name of the debt collector's business

§1692e(15)- Documents are not legal process forms or do not require action by the consumer.

§1692e(16)- Collection Agent (or) Agency operates or is employed by a consumer reporting agency.


§1692-f- Deals with Unfair Practices


§1692f- Any unfair or unconscionable means to collect or attempt to collect the alleged debt.......

§1692f(1)-  Attempting to collect an amount not authorized by the agreement which created the alleged debt (or) permitted by law.   **See Notes Below**

§1692f(2)- Accept (or) ask for a post dated check by more than 5 days (without) 3 business days written notice of intent to deposit.

§1692f(3)- Accept or ask for a post dated check when threatening criminal prosecution. 

§1692f(4)- Depositing or making a threat to deposit a post-dated check prior to the actual date on the check...

§1692f(5)- Caused any charges to be made to the consumer; i.e., collect calls....

§1692f(6)- Take or threaten to unlawfully repossess or disable the consumer's property

§1692f(7)- Communicate with consumer via postcard

§1692f 8- Any language or symbol on the envelope that indicates the communication concerns debt collection


§1692-g-30 day validation notice within five days of the initial communication

§1692g(a)(1)- Must state Amount of Debt

§1692g(a)(2)- Must state name of creditor to whom debt is owed.

§1692g(a)(3)- Must state right to dispute within the first 30 days

§1692g(a)(4)- Must state right to have verification (and/or) judgment mailed to consumer.

§1692g(a)(5)- Must state that CA will provide the name and address of OC if different from the current creditor. 

§1692g(B)- Collector must cease collection efforts until debt is validated


§1692-h –Multiple Debts

§1692h  Collector must apply payments on multiple debts in order specified by consumer and can NOT apply payments to disputed debts....



§1692-i-Legal Actions

§1692i(a)(2)- Brought any legal action in a location other than where contract signed or where consumer resides

§1692-j– Deceptive Forms by Creditor

§ 1692j Forms that have been designed, compiled or furnished to create the false belief that a person other than the creditor is collecting.



**A bonus for Ohio residents** (Purely MY Opinion)   If a CA/ JDB brings suit on alleged debt and tries to tack on Atty's fee's I would use §1692f(1) as a counter claim simply because Ohio law does not permit recovery of attorney fees in connection with any claim involving "personal, family, or household" debt, see Ohio Rev. Code Ann. § 1301.21" GIONIS, Plaintiff-Appellee, v. JAVITCH, BLOCK & RATHBONE   ((Again THANK You Normie for that gold mine case))

It is VERY important to ALWAYS check you state laws and see how they coincide with the FDCPA / FCRA...... 

It is also VERY important to check and double check each violation..... I am of the opinion that usually when one is violated it automatically triggers another...

« Last Edit: October 09, 2007 03:37:58 PM by Admin1781 »
~I'm not an attorney (nor) do I play one on the internet.. Take everything I *write* as just my personal opinion and experience~

I love quoting Fleppie / Deflepgirl -  E. Normis  (Ok he actually didn't say it but actions speak louder than words..... or in this case words speak louder oooh whatever he loves it!-

debtonator

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Re: FDCPA (Made Easy)
« Reply #1 on: October 09, 2007 09:13:48 AM »
DLG: I like  :)....Looking forward to your FCRA violation check list.

Cheers  :drinking:
« Last Edit: October 09, 2007 10:18:23 AM by debtonator »
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Shiek Yabuty

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Re: FDCPA (Made Easy)
« Reply #2 on: October 09, 2007 01:54:41 PM »
This is great.  I am thinking it should be made a sticky.

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Admin1781

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Re: FDCPA (Made Easy)
« Reply #3 on: October 09, 2007 02:21:24 PM »
This is a very useful tool. We will move it to the Law forum and make it a sticky.

We are also developing another check sheet that will try to correlate case law to statute paragraph.

This is all part of our effort to provide a useful and definitive set of statute and case law.