10-09-2012 05:24 PM
CACH sent me a dunning notice in March. I replied with a DV. In May, they mailed me a letter saying they bought the debt and info was enclosed (it wasn't).
Now...this letter and the others have come on Law Office letterhead, but don't have a name or signature. I filed a BBB complaint stating that they were making the letters appear as from an attorney when they weren't (FDCPA 15 U.S.C. 1692e violation). An attorney replied to the BBB complaint stating the letter was from their law office and that it sent after an attorney reviewed my case. Here is the fun part, all their letters carry the disclaimer “at this time, no attorney with our law firm has personally reviewed the particular circumstances of your account.” This was on their reply to my DV and another collection letter they sent 2 months later.
So...they wrote to the BBB that an attorney reviewed my case before the May letter but the May and July letters, both on letterhead, say no attorney has reviwed my case. They also enclosed a copy of their "form letter" to the BBB and it did NOT have this disclaimer on it.
I feel that this is a violation of FDCPA 15 U.S.C. 1692 e states that it is a violation for “the use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.”
Would someone more legally savvy have an opinion on this? Can they tell me that no attorney has reviewed my case, on letterhead, and then send a letter to the BBB stating that the letters weren't illegal because an attorney had reviewed my case?
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