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Re: CA called DH Employer!! What do we do now??


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Posted by holly (65.31.87.117) on January 23, 2003 at 21:33:18:

In Reply to: CA called DH Employer!! What do we do now?? posted by flamva on January 23, 2003 at 17:00:20:

start with a RRR c& d letter.. but I would certainly get an atty involved...

Failure to send notice (PL95) within 5 days of telephonic first contact. Even if they have a mail return and get correct addr.. must send the PL95 dun.. this cites the mini miranda law.. some staes require coll to recite the mini miranda in every call ..

threatening to take legal action

seeking info other than location info from a third party. only the legal dept can verify wages and that's only after the ca has suit authorization signed by the original creditor..

implying that a court action has already taken place... ie "case number"

disclosure to a third party.. leaving message on amach.. ca can not leave company name on any anw mach.. even yours... it is volunurable to a third party overhearing ...

refusing to give addr for c&d.. mini miranda not only gives you the right to dispute/validate.. but cease commincations also..

Federal law is 1500.00 fine for each violation. I would have your atty seek that as well as a fully satisfied debt and restored cbr. You probaly will get it.. also the CA history and note taking will come under scrutiny and could also be in violation.. a good consumer atty can make them do a lot of paper work/research.. they usually settle as opposed to being sanctioned from state/fed agencies...


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