Author Topic: Truth in Caller ID Act  (Read 1442 times)

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Flyingifr

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Truth in Caller ID Act
« on: April 17, 2011 02:33:26 PM »
It's a Federal Law that prohibits "spoofing" a caller ID name or company. Generics like "unavailable" are still allowed.

Unfortunately, enforcement is left to the Federal Communications Commission, and there is no Private Right of Action. Make sure you file a complaint with the FCC withe very sigle spoofed caller ID you get. Messages left count.

Here's the link: http://www.fcc.gov/cgb/consumerfacts/callerid.html
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flacorps

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Re: Truth in Caller ID Act
« Reply #1 on: April 19, 2011 05:14:30 PM »
In states with "Little FDCPA" acts courts could find it to be a deceptive, illegal means of collection ... it's good to be able to point to a statutory violation.
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CleaningUp

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Re: Truth in Caller ID Act
« Reply #2 on: April 19, 2011 06:04:04 PM »

If there is a statutory violation of state law in a collections matter, it is also a violation of the FDCPA.

You get the state one and you have the federal one.


flacorps

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Re: Truth in Caller ID Act
« Reply #3 on: April 19, 2011 07:29:07 PM »
If there is a statutory violation of state law in a collections matter, it is also a violation of the FDCPA.

You get the state one and you have the federal one.

Yep, it can circle all the way back.
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cprems

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Re: Truth in Caller ID Act
« Reply #4 on: April 20, 2011 05:25:07 AM »
CU,

Can you take two bites out of the apple? What I mean is, can you file an FDCPA violation & the same State law violation?

I was under the impression that you could only use the FDCPA and State laws for different violations.

Here in Texas we can DV anytime and they must respond within 30 days. There is no provision, in fact, no timeline in the FDCPA for validation.

Maybe that wasn't a good example. Also IF a State law is violated, and the SOL is longer, can you use the longest SOL for both State and Federal laws or would the 1 year SOL apply?



If there is a statutory violation of state law in a collections matter, it is also a violation of the FDCPA.

You get the state one and you have the federal one.
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CleaningUp

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Re: Truth in Caller ID Act
« Reply #5 on: April 20, 2011 01:20:57 PM »
Yes. You can essentially bite the apple form two sides.

While the violations cannot legitimately be used in two different actions, they can be used as two seperate counts in the same action.

There is case law that backs this up. See: Harrington v. CACV of Colorado, LLC, et.al http://www.debtorboards.com/index.php?action=search2

As the opinion notes, state UCC implementation usually has a longer SOL than the FDCPA so you can still get at a violating CA even after the FDCPA SOL has run.




cracrap

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Re: Truth in Caller ID Act
« Reply #6 on: April 20, 2011 02:44:13 PM »
If there is a statutory violation of state law in a collections matter, it is also a violation of the FDCPA.

You get the state one and you have the federal one.

i was reading an order somewhere where one of the federal courts said that a violation of a state law is not a per se violation of the fdcpa if it does not fall within one of the prohibited provisions of the fdcpa and to simply cite it under the "catch all phrase" of an "unfair means in debt collection" was not enough.
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CleaningUp

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Re: Truth in Caller ID Act
« Reply #7 on: April 20, 2011 03:49:59 PM »

Yes and no. 

To claim a specific FDCPA violation under the UCC, the act must fit the FDCPA's definition of a violation.

However...  Remember, that the FDCPA prohibits acts that they are illegal and includes actions that they are not entitled to take.  If the collector is found to have violated a UCC clause, he had committed an illegal act. If the underlying context was collections matter involving an entity covered by the FDCPA, the UCC violation is a FDCPA violation.