Author Topic: Business account, Does FDCPA, FCRA & TCPA apply?  (Read 311 times)

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chaxsam

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Business account, Does FDCPA, FCRA & TCPA apply?
« on: November 21, 2014 10:41:31 PM »
I have a disputed account for my business. The CA refuses to validate and has called our personal cell phones and did not have permission.

The CA said they did not have to validate, just pay the bill.

coltfan1972

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Re: Business account, Does FDCPA, FCRA & TCPA apply?
« Reply #1 on: November 21, 2014 11:09:47 PM »
FDCPA does not apply for business debt, so they don't have to validate; as "validate" is used in relation to the FDCPA.

They have still have to comply with the FCRA and TCPA.
Scroggin succeed in making this case an expensive nightmare for both CBOJ and its counsel.
Scroggin made a "mockery" out of CBOJ's deposition.

Scroggin made "perverted one-liners" during his deposition.
Scroggin called CBOJ'S counsel "a little witch"

Scroggin used the FDCPA as a "sword of intimidation."
Scroggin loves suing debt collectors.

Scroggin is proud of his behavior and "unapologetic."

Rebecca Worsham - Lead Counsel, Scroggin v. CBOJ- 3:12-cv-128, Eastern District of Ark.

arnanda

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Re: Business account, Does FDCPA, FCRA & TCPA apply?
« Reply #2 on: November 24, 2014 04:27:32 AM »
What state are you in?  Did you record their calls?
TUN - 791/850 (11-03-2014). EQU - 802/850 (11-04-2014). EXP - 789/850 (10-01-2014).
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chaxsam

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Re: Business account, Does FDCPA, FCRA & TCPA apply?
« Reply #3 on: November 24, 2014 11:24:00 AM »
NC. no I didn't record. I do have letters & emails.

Brunothe JDBKiller

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Re: Business account, Does FDCPA, FCRA & TCPA apply?
« Reply #4 on: November 24, 2014 01:32:23 PM »
Letters and emails won't win a TCPA suit unless they contain a confession, which isn't likely.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Mech85

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Re: Business account, Does FDCPA, FCRA & TCPA apply?
« Reply #5 on: November 24, 2014 07:57:16 PM »
Letters and emails won't win a TCPA suit unless they contain a confession, which isn't likely.

But there are some tricks to get one out of them.

When I complained to my Attorney General about a debt collector, they responded and the AG sent me a copy of their response. It included a letter from the company's C.O.O. who outlined the dates and times of the calls they made. I think I had included a call that I wasn't sure was from them, and they were proving it wasn't, but at the same time inadvertently admitting in writing to the calls they did make, which I later used when filing suit.

Possible way to get them to admit to making calls? Yes.
Guaranteed? No.



Brunothe JDBKiller

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Re: Business account, Does FDCPA, FCRA & TCPA apply?
« Reply #6 on: November 24, 2014 08:17:52 PM »
Could work, but you may have to subpoena the AG person to testify. Then you run into the legal argument that the AG office is independent of civil actions and cannot testify on your behalf. They usually only send an amacus curiae brief or witness to explain to the jury what the law says. I don't think they can testify on your behalf.

The letter may be admissible, but you'd need an affidavit. Again, you get the argument that an affidavit consists of sworn testimony. Since that testimony is designed to be used against your opponent, you are back to square one. Just my opinion, maybe someone has gone through this and has a way around this argument.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Mech85

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Re: Business account, Does FDCPA, FCRA & TCPA apply?
« Reply #7 on: November 25, 2014 12:12:30 AM »
Quote
The letter may be admissible, but you'd need an affidavit.

The letter I got in my situation from the AG basically just said "We got your complaint. We sent it to the debt collector. Here's a copy of what they sent back. Have a nice day."

The enclosure was a letter from the CA on their letterhead from their COO that said "We didn't call him on 01/01/2014. We called him on 01/03/14 & 01/15/14."

See what I mean? Are you saying he'd still have to prove with an affidavit that the letter was legitimate? I thought it would be a straight shot on admissions of calls and their dates, and no further AG involvement necessary.


Brunothe JDBKiller

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Re: Business account, Does FDCPA, FCRA & TCPA apply?
« Reply #8 on: November 25, 2014 01:25:08 PM »
Without an affidavit, it's just a piece of paper anybody could make on their computer. I don't think it would work as is.

Try this......take copies of both letters and attach them to discovery requests. If they answer, they've validated the content of the letters for you.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

BellEbutton

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Re: Business account, Does FDCPA, FCRA & TCPA apply?
« Reply #9 on: November 25, 2014 06:25:27 PM »
Without an affidavit, it's just a piece of paper anybody could make on their computer. I don't think it would work as is.

Try this......take copies of both letters and attach them to discovery requests. If they answer, they've validated the content of the letters for you.

Discovery requests?  Who's been sued?

Brunothe JDBKiller

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Re: Business account, Does FDCPA, FCRA & TCPA apply?
« Reply #10 on: November 25, 2014 07:27:29 PM »
Nobody. I'm making the suggestion in the event that he sues them for TCPA violations.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

 

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