"BEAR" TRUCE

Posted by WHY CHAT (209.240.198.61) on October 20, 2002 at 18:27:06:

In Reply to: Long distance and cellular calls -- what FDCPA really says posted by Bear on October 20, 2002 at 06:37:49:

I do not wish to continue this "pissing contest" with you. I will again refrain from responding to your posts in your current incarnation. You may be a "consumer lawyer" as you claim here, and as you have claimed in your prior variously named posts,however, it seems to me that your posts now, are just like your prior ones, tryng to get people to e-mail you for some kind of debt repair service in Cal.(by the way,an "expert" consumer lawyer would have known that the FDCPA has been ammended several times since 1977) I have posted some excerpts on the topic,which by coincidence also deals with the same topic as our last difference of opinion.

Section 808(5) prohibits causing any person to incur telephone or telegram charges by concealing the true purpose of the communication.
1. Long distance calls to the debt collector. A debt collector may not call the consumer collect or ask a consumer to call him long distance without disclosing the debt collector's identity and the communications's purpose.
2. Relation to other section. A debt collector who conceals his purpose in asking consumers to call long distance may also violate section 807(11), which requires the debt collector to disclose his purpose in some communications

§ 1692f. Unfair practices [Section 808 of P.L.]
A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.
(2) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.
(3) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.
(4) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.

(5) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.

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