Author Topic: Tcpa, fdcpa; can you sue for both at the same time, and how do you file an ITS?  (Read 1567 times)

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BanjoRiver

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:whackacow:
      Direct TV is really bothering me! I received a phone call a couple weeks ago from there 1800- whatever, 
Saying"if this is D***** G*****, please press one, if D***** G***** is not available, please press two. So getting frustrated, because neither option (how would I know who this person is) was well suited, I pressed 0, multiple times.Then it listed off" this call has Ben in reference to account # blah blah" followed about something about calling them back at their number.

     *this is my cell phone they have perpetually called.
     *I called them back right after the very first time, and told them I was not that person.
     *that they were calling a cell phone with an auto-dialer, which I knew to be in violation of some kind of telephone communication act, that I couldn't remember the name of at the time!
      *that they did not have permission to ever call my cell phone, nor did they have it in the first place.
      *they have continued to call repetitively
      *each time I call back (because I can't exactly hit 1, when I'm not even that person
     
     Well, my very first call back, I tried to tell the woman "I am not said person, this is a cell phone you called with an automated system, you don't, or never had my permission to call me on it" she kept saying in return, "I'm sorry, miss G*****, this is the number you have is for the account, this is the number attached to the account, and we will continue to call this number about your debt, miss G*****." She kept referring to me as this lady, even after I told her I was not that person, that I'd never ever, ever had a plan with Direct TV, let alone any cable/satellite company (no laughing, strictly antenna for tv here), after her purposely overtalking me and the conversation, got to almost yelling "I am not this person", and her referring to me as such I said" I'm talking you bad word" then I knew out got too heated... I hung up.. Then called back trying to get take my number off their list. I called back, their system picked up my number on alleged account, informed me of how much this other person owed while on hold, the person who picked up said that because my cell phone company recycled my number, I should have them change it, and that it was Direct TV's policy to keep contacting the number on the account, I said let me talk to a supervisor request this out of them, they said they have removed it... Repeat process multiple times.

 *     Can I sue, or file ITS, on both TCPA and FDCPA at the same time?
  *   I believe I have just cause for the auto-dialing, and for calling repetitively
  *I have told them multiple times cease and desist, do not call me again at all, and they have continued, which I believe triples the $500 for each call thereafter, as well as violates the FDCPA, for further contact after you have told them not to for the $1000 for each violation thereafter, correct? Help!!! Please!! And thank you!










kevinmanheim

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It's not Direct TV making the call. Instead, it's a collection agency. If you post the number that called you, maybe someone can tell you which agency it is.

Once you find out which agency it is, you will have someone to threaten with a FDCPA lawsuit. You cannot sue Direct TV for a FDCPA violation.

I would begin keeping a detailed log of the calls -- time/date, # that called you, content of the calls. Record them if possible and legal.

If the calls are being made on behalf of Direct TV, you may have a TCPA claim against both them and the CA.

BanjoRiver

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1800-531-5000 they said it isn't exactly direct tv anymore, but when I call back, it said it is direct tv.. It is very confusing.  They said it is in a leazon (if I spelled that correctly), that it is no longer direct tv calling, that it is their "residential special handling department" They gave me another number to contact, for that department 877-837-1603, however, the number still calling me is the  800-531-5000.
    How would I do that against both direct TV, and the CA?
    I have recorded everything past the initial call, then my call back.
    I have screen shots of my call log under this number, each time they call.
    I have even told them I intend on taking them to court if it continues, they said they are not aware of any laws any of this its against, that I should have my cell phone carrier change my number if that its the case, for them to stop calling. One person told me they get calls like that on their phone, they just ignore them. I told her no, actually, I might file something with the BBB and the FDCPA.
   

BanjoRiver

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Even more info I just got after calling them back after them calling me, then calling the other number 877-837-1603. Both numbers are admitting they are using an auto-dialer, but here is the strange part.... They are saying that there is a lost of 14 different CA that are allowed to use direct tv's 800-531-5000 number in an auto-dialer for thirty days until they pick quick CA it is asigned to, and they can't tell me which one of the list is calling me, using their number, but its not directly them, they have removed my number from their system, but it must be stuck in the auto-dialer, and I could countinue recieving calls until it asigned to a specific CA. Basically, it is one of 14 CA that direct tv is using, calling me on an auto-dialer, using direct tv's number, HELP HELP HELP ME UNDERSTAND!!!! How do I serve the CA    and Direct TV with an ITS, if they won't even tell me who it is? Please help?


usofa

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ok, here is how i would handle it

1. Right now, just worry about the TCPA violations.  The TCPA holds the company on whose behalf the call is placed responsible.  That means that even if Direct TV has assigned the account to a collection agency, they are responsible for the calls. FDCPA will not apply to Direct TV.

2. If you have not given them consent to call your cell number, which is this case, they are prohibited from calling it with an auto dialer.  The burden is on them to show consent. They may have previously had consent to call the number (from the debtor providing the number to them), however you have made it clear that they do not now have consent to call you.

3. Find out from your secretary of states office the name and address of their registered agent.   Prepare a letter describing their violations in clear English. Prepare a complaint that can be filed in either your local court or Federal court.  Their are various examples you can read online.

4. Address the letter to Larry D Hunter, Executive Vice President and General Counsel and attach the draft complaint.  Mail it to Registed Agent to Mr. Hunter at
1 Rockefeller Plaza
6th Floor
New York, NY 10020

If you do not hear back in 14 days, follow up with Mr. Hunters Office.

Letters sent to the General Counsel usually get a quick response and an attempt to settle claims.


BanjoRiver

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Thank you, thank you, thank you for responding! This helps. So, I write this larry Hunter's office, whom I am assuming is the general council for direct tv, then find the registered agent if larry's office doesn't respond, correct? Because the registered agent is who I send the actual TCPA suit to, I believe? If I'm not mistaken, because I told them it is a cell phone, and that they were not allowed to call it, that it was no longer the previous person's phone, and that there is a federal law prohibiting them using an auto-dialer, along with a pre-recorded message, the $500 penalty triples to $1500 for each subsequent cal after that, correct?

Admin0248

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Paragraph breaks give your readers' eyes a rest.

Please use them.

If a post is unreadable, you miss the opportunity of receiving the help of those who you are relying on to assist you.

Your cooperation is required.


BanjoRiver

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Sorry. 1215

usofa

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The Telephone Consumer Protection Act is 47 US Code section 227.  You will need to read it and understand it before you send out your ITS.  Make sure you read examples of complaints filed under the TCPA so that you have a clear understanding.

I would suggest that you draft and ITS letter and post it here for critiques along with your draft complaint.  Or if you do not feel comfortable with your knowledge of the Act, then engage and attorney to do these things.

You will send your ITS and draft complaint to both the registered agent and the General Counsel.  By sending it to both places this will increase the odds of someone with a brain reading your letter and responding.

USofA

BanjoRiver

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Usofa, I like your sense of humor, when referring to increasing "the odds of someone with a brain reading the letter and responding"

     thank you for all the advice!

     I plan on trying to write an ITS, as well as a draft for the actual complaint, and then posting it here for the much appreciated critiques!

    I am not only trying really hard not to get corrected here on the board, because of slightly poor grammar skills (ha ha), and attempting to learn the correct posting methods here, but I am trying really hard to learn some basics of filing a suit.

 I do not have means for an attorney, and cannot even find an attorney who doesn't try to get me to file bankruptcy rather than fight off illegal tactics by companies who choose to operate in this method.

    I have to learn how to do this correctly. I'm just learning things like, you have to have a cover sheet, or you have to file at state level (there is only three in kansas), or you have to have it delivered by a properly approved server (sheriff, I believe?).

   But I don't even know if the clerk will help you find the approved person to serve them, or how much our will cost for that matter.   

     I don't even know if I have to drive out there to file this stuff at the court house in person, or if I can mail it to the court at the state level

  Another thing I wish I knew is do I have to allow them to make responses by my cell phone? Or can I request they make all responses by mail, in writing?

     Will the court notify me by mail of the date if I do file?

    Is the TCPA a fail-proof win, when you have documented proof, such as screen shots on my cell phone (of the cal log) a well as recorded phone conversations of the calls, and repeat offenses, with them admitting that my number is "stuck in their auto-dialer" ?

thank you




« Last Edit: February 12, 2012 08:49:18 AM by BanjoRiver »

usofa

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lets start with the biggie.  Nothing is fail proof.  Your job is to do the same thing that an attorney does.  Try to make things fall in your favor. In the end, if you go to court, you are at the mercy of a judge. The law is more about rules then equality, so the better job you do... the better you do!

the first thing to do is READ. The more you read, the more you know, and the more you know the better you will do.  Read everything you can about the TCPA.  Google is your friend. Also read as much as you can about the Kansas Rules of Civil Procedure or the Federal Rules of Civil Procedure.  You can file TCPA actions in either Federal Court or any state or county court.

You will need to leave and breath the US code and the Rules.

BanjoRiver

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I am trying really hard to live and breath everything about this, the FDCPA, and the FCRA as well.

    If you read my other posts (there aren't many) I'm am dealing with a attorney/JDB appears to be given anything they want in the county they sued me in.

     Kramer & frank pulled my spouse and mines CR, just before filing a chapter 61, under the OC name for plaintiff, but at the bottom of the page, it says the mini-meranda for JDBs. Hello? Contradiction? As well as they are the ones listing the alleged debts on our CRs. Not to mention we moved just before getting served when we went back for some final belongings, so, they filed in a wrongful county, and they are not mailing anything to our current address, which was givin to them in our response, but they have filed things with the court house because we received a bench trial notice from the court's clerk. I believe t that constitutes "equitable estoppel", from my understanding, as well as fraud upon the court with an intent  to deceive?

    If you could look at those posts maybe, and give your opinion there too, I would appreciate it greatly!

   I need to know if I can file a suit at state level against them, while their chapter 61 is still in county, because the way they filed has further violated the FDCPA, the FCRA, and someone told me the TILA.

    They even asked for interest and attorney fees! That is completely barred under the FDCPA!

    I need any help anyone is willing to give!




KFMAN

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If this was my issue I would go to Federal along with looking at 50-626, 627, and K.S.A 50-636.
« Last Edit: February 12, 2012 08:12:57 PM by KFMAN »

CleaningUp

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What we are trying to get you so see in the other thread is to stop mistaking the mosquitoes for the elephant.

Concentrate on your case and what is required in ADMISSIBLE evidence to support it AND ways in which you can discredit or preclude evidence of theirs.

You are focusing on things that you will find marginal or ineffective for exactly the reason here:


...If you read my other posts (there aren't many) I'm am dealing with a attorney/JDB appears to be given anything they want in the county they sued me in....