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Re: Wolpoff&Abramson - LadynRed


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Posted by LadynRed (199.91.33.254) on February 12, 2003 at 17:33:56:

In Reply to: Wolpoff&Abramson - LadynRed posted by HunterLynn on February 12, 2003 at 15:51:53:

Typical rejection response.. don't let them blow you off.

If you have informed them that they may not contact you at work, then they are in violation of the FDCPA.

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§ 805. Communication in connection with debt collection [15 USC 1692c]

(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication. "

The FTC Staff Commentary on the FDCPA reiterates this:

"4. Calls at work (Section 805(a)(3)). A debt collector may not call the consumer at work if he has reason to know the employer forbids such communication (e.g., if the consumer has so informed the debt collector)."

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If they are now insisting on post-dated checks, this is also specifically prohibited by the FDCPA:

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"§ 808. Unfair practices [15 USC 1692f]

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:
(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"
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So, if they keep calling you at work, you must send them another letter stating that they are specifically prohibited from calling you at work and their continued calls to your place of employment are in violation of the FDCPA, for which you can sue them and collect $1000 plus damages and reasonable attorney's fees. Include the section from the FDCPA I posted here.

I would also remind them that soliciting post-dated checks is also a violation of the FDCPA and that you will not issue any post-dated checks, paper or electronic, for any reason. You might want to check your state statutes, in many states, post-dated checks are not allowed. Then I'd reiterate your previous offer, up it a bit if you think it'll make them bite. You have to be persistent with this. I know its a pain, but it can work and certainly will work in your favor if yyou end up on court - shows your not simply refusing to pay.




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