Author Topic: To Violate or Not to Violate  (Read 832 times)

0 Members and 1 Guest are viewing this topic.

bigdave

  • Valued Member
  • Posts: 44
To Violate or Not to Violate
« on: May 01, 2012 03:39:22 PM »
Hello Guys, Big Dave Here.

Last week a debt collector left a message on our voice mail that was heard by other roomates where he specifically was calling for my wife and said he was calling from Midland Credit Management, a debt collection company.  Is this a FDCPA violation?

maggie22

  • Valued Member
  • Posts: 345
Re: To Violate or Not to Violate
« Reply #1 on: May 01, 2012 04:48:08 PM »
Was this a home machine?  Is there a personalized greeting?  Without more, I'd say yes, violates 3rd party disclosure.  Generally they'll leave a few more. 

Can you transcribe the message here?

bigdave

  • Valued Member
  • Posts: 44
Re: To Violate or Not to Violate
« Reply #2 on: May 01, 2012 05:54:07 PM »
Maggie,

Thanks..this was a home machine.  The personal greeting solely says my name and my wifes and then says are not available.  The message is as follows:  This is a private message for XXXXXXXXX.  This is XXXXXXX from Midland Credit Mahagement, a debt collection company.  Please return my call at xxxxxxxxxxxxx   ext. xxxxxxxxxxxxxx

znb

  • Valued Member
  • Posts: 471
Re: To Violate or Not to Violate
« Reply #3 on: May 01, 2012 05:55:14 PM »
I can't say anything, specifically, but it was found to be a violation for me (different JDB).   1215
I'm not an attorney, and I have no legal background. Please don't delude yourself into taking my ramblings as legal advice.

My only super power is the ability to read and comprehend information quickly. I wanted it to be something cool like flying or bending spoons with my mind, but I took the hand I was dealt and am making the best of it. ;)

bigdave

  • Valued Member
  • Posts: 44
Re: To Violate or Not to Violate
« Reply #4 on: May 01, 2012 05:59:58 PM »
Awesome.  Next Step I guess is a letter demanding $1000 for violations of the FDCPA? I also have a good consumer attorney friend of mine.  Perhaps he may take it to put a few bucks in both our pockets.  Any advice on how to format the letter? I have it recorded also.

znb

  • Valued Member
  • Posts: 471
Re: To Violate or Not to Violate
« Reply #5 on: May 01, 2012 06:18:47 PM »
My JDB ignored mine, and it included a copy of the summons I'd be sending.

I was planning to go pro se, but since I was so peeved at how that particular JDB treated me, I looked around for a good consumer attny. to take my case.

In the end, it cost the JDB several thousand in completely unnecessary additional attny. fees and put money in my pocket.

Remember to make a donation to DB!  :drinking:
« Last Edit: May 01, 2012 06:42:05 PM by znb »
I'm not an attorney, and I have no legal background. Please don't delude yourself into taking my ramblings as legal advice.

My only super power is the ability to read and comprehend information quickly. I wanted it to be something cool like flying or bending spoons with my mind, but I took the hand I was dealt and am making the best of it. ;)

bigdave

  • Valued Member
  • Posts: 44
Re: To Violate or Not to Violate
« Reply #6 on: May 01, 2012 06:27:03 PM »
Thanks!!!!

bigdave

  • Valued Member
  • Posts: 44
Re: To Violate or Not to Violate
« Reply #7 on: May 01, 2012 06:38:09 PM »
Is this an initial 1000 fine?

znb

  • Valued Member
  • Posts: 471
Re: To Violate or Not to Violate
« Reply #8 on: May 01, 2012 06:49:56 PM »
FDCPA is up to $1k. It can be far less.

It depends on how many violations, how egregious, etc.....

Some people let the violators keep violating and then pounce. Others sue upon the first violation.

It's all about one's game plan and goals.

I tend to fall into the patient group.  :vbrofl:


I'm not an attorney, and I have no legal background. Please don't delude yourself into taking my ramblings as legal advice.

My only super power is the ability to read and comprehend information quickly. I wanted it to be something cool like flying or bending spoons with my mind, but I took the hand I was dealt and am making the best of it. ;)

ladygarner

  • Valued Member
  • Posts: 1400
  • Please consider donating to keep DB alive and well
Re: To Violate or Not to Violate
« Reply #9 on: May 01, 2012 07:21:29 PM »
FDCPA is up to $1k. It can be far less.

It depends on how many violations, how egregious, etc.....

Some people let the violators keep violating and then pounce. Others sue upon the first violation.

It's all about one's game plan and goals.

I tend to fall into the patient group.

Midland is notorious for violating. If it were me, I would give them rope.

The more violations you have, the more likely you are to reach the 1K.
Thanks to all that helped me go from :-[ to :karate: 

Newcomers -- please start here:
The Flyingifr Method of Aggressive Credit Repair

Abbreviations

chester474

  • Valued Member
  • Posts: 151
Re: To Violate or Not to Violate
« Reply #10 on: May 01, 2012 09:15:27 PM »
I always demand the $1,000 maximum statutory damages given by the Fair Debt Collection Practices Act of 1977 (FDCPA).

See 15 U. S. C. 1692k(a)(2)(A) of the FDCPA.

I originally demand much more but stick to $1,000 as settlement amount.

The $1,000 maximum statutory damage amount hasn't been raised since 1977 - 35 years of inflation.

I think one could get still get 5 candy bars in 1977. $1,000 in 1977 was almost a year's tuition at a public university.

A debt collector can violate the FDCPA many times but the maximum statutory damages one can be awarded is $1,000. This was decided by case law - I think a better reading of the FDCPA is that there is a maximum $1,000 statutory damages for each and every violation.

These "consumer protection acts" are intended by Congress to be "liberally construed" in favor of protecting the consumer.

Debt collectors claim if Congress had intended the $1,000 limit on statutory damages to be increased for inflation they would have put a section to that effect in the FDCPA.

The answer to the debt collecors is that if Congress had intended the $1,000 limit on statutory damages to be eroded by inflation they would have put a section to that effect in the FDCPA.

As it is interpreted now in a short time the $1,000 limit on statutory damages under the FDCPA will be so minimal the FDCPA will have no teeth in it.

I don't worry about a Judge deciding the matter - it would cost my debt collector more than $1,000 in attorney fees and court costs to defend my threatened  lawsuit.

I always settle and never get to a court.

Congress intended the FDCPA to be enforced by individuals bringing lawsuits for violations of the FDCPA - it's a "private attorney general act."

The incentive for attorneys to take these cases is an award of reasonable attorney's fees and costs if the individuals prevail.

See 15 U. S. C. 1692k(a)(3) of the FDCPA.

The Federal Trade Comission (FTC) receives more complaints about debt collectors than any other activity the FTC regulates. The FTC has really let consumers down.

In the last 10 years the FTC brought enforcement actions against an average of 5 debt collectors a year.

The Honorable Lori Swanson, Esq. - current Minnesota Attorney General - is my hero.

See the recent articles in the Minneapolis StarTribune about a debt collector allowed in the emergency rooms of a local hospital demanding payment up front from people in immediate need of medical services. There's an article about it in today's StarTribune.

Lori's going after them.

Write your own attorney general and tell him/her about your problems with debt collectors and ask they help you like Lori Swanson does in Minnesota, and send a copy of your letter to the debt collector that's harrassing you

bigdave

  • Valued Member
  • Posts: 44
Re: To Violate or Not to Violate
« Reply #11 on: May 02, 2012 05:56:48 PM »
Wow! Thanks!

 

credit