@Anonymous wrote:
I haven't paid the balance because the balance is 3 late fees! I don't owe anything because the merchandise that they are "late feeing" me for was all returned (with some of it being defective). My second post explains the situation. If you want to see the FTC rules regarding pyramiding of late fees, see this Federal Trade Commission website (www.ftc.gov) which states: "A creditor can charge a late fee if you do not make your loan payment on time. However, it is illegal under the Rule for a creditor to charge you late fees or payments simply because you have not yet paid a late fee you owe. This practice is called "pyramiding late fees."
I would also like to add that Kohl's made over 30 calls to my cellphone in less than a week - even after I e-mailed them and asked them to stop. I had to e-mail them again and inform them that they were in violation of the FDCPA before the calls ceased. Now they have also violated the FTC rules.
My position is that the CSR said she would reverse the late fee. Since any subsequent late fees were illegal, wouldn't it follow that they should be reversed as well? If I still had the merchandise and there was still a balance on my account, it'd be a whole different story. But it's absurd to expect someone to pay $100 in fees for merchandise that was returned. When I finally received a response from them, it didn't even address the issue of the late fees. The icing on the cake is getting another late fee in this month's statement!
I hope this answers your questions.
The FDCPA applies to collection agencies and not to original creditors. Kohl's is an original creditor.
