Re: follow up Question Ms WhyChat!
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Posted by scott (65.25.99.145) on June 18, 2003 at 02:31:32:
In Reply to: follow up Question Ms WhyChat! posted by Cocoon on June 18, 2003 at 02:12:43:
IF an attorney collects on a debt and their business majority is that of collecting debts then they are bound by the fdcpa. I sincerely doubt after 7 years they are representing the OC. My guess is they own the debt are are real debt collectors. What is the name of their company? Whychat(who is a guy wink) or others will help you with the details but you will want to file a countersuit for $1000 for violations of the fdcpa. Specifically:
FDCPA § 807. False or misleading representations [15 USC 1962e] A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: 2) The false representation of -- (A) the character, amount, or legal status of any debt; (10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. You will want to use the following caselaw for your benefit. I would suggest popping it into google and doing your homework. You will also want to do some sort of discovery.
The link is below.
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