Collector Violating FDCPA regarding Harassing Phone Calls AFTER Cease Communication Letter

[PayYouNever]

I have a question about what relief is available to me in a situation where First Premier Bank was harassing me with phone calls (about four or five a day) in regards to a recently closed account (I missed two payments due to a banking error). I sent them a letter per the FDCPA stating that I didn't want them calling me about the debt, and that they could communicate with me about it in writing only.

I received a letter from FPB acknowledging receipt of my letter, but then over the next week they continued to call me. I decided to speak with one of their Collection Reps, and she admitted that there was a mistake as to why I was on the auto-dialer, apologized and hung up.

I filed a complaint with the FTC, BBB and the CA AG, but what else can I do? How can I use this violation of my rights to negotiate a favorable settlement on the debt? It's only a small amount $500, but it's listing on my CR that it was closed by issuer.

Thanks...

[Anonymous]

You've pretty much done everything you can aside from deciding to sue them or something.

[PayYouNever]

If I was to go about suing them, how would that work? File a Small Claims suit?

[Anonymous]

I would contact a lawyer, ask them to compose a letter for you to send to this collection agency. Basically you can outline that they broke such and such laws by contacting you after request no further phone calls. There is a pretty good chance the phone call where the operator admitted you had requested not to be called and hung up was recorded. If you felt inclined, I would send them a letter outlining your intent to sue and offer them an opportunity to settle. Thats the same thing they would ultimately do to you if you ignored them. Send an intent to sue letter giving you one last chance to pay them off.

Offer them $1 or something. I got into it on the phone with a rep at a collection agency last week. She got an attitude and was telling me they'll never delete the incorrect information. I filed with the FTC, BBB, and sent them a certified letter with an intent to sue. 24hrs later I got an email from their executive office saying the information was being removed.

[guiness56]

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@PayYouNever wrote:

I have a question about what relief is available to me in a situation where First Premier Bank was harassing me with phone calls (about four or five a day) in regards to a recently closed account (I missed two payments due to a banking error). I sent them a letter per the FDCPA stating that I didn't want them calling me about the debt, and that they could communicate with me about it in writing only.

I received a letter from FPB acknowledging receipt of my letter, but then over the next week they continued to call me. I decided to speak with one of their Collection Reps, and she admitted that there was a mistake as to why I was on the auto-dialer, apologized and hung up.

I filed a complaint with the FTC, BBB and the CA AG, but what else can I do? How can I use this violation of my rights to negotiate a favorable settlement on the debt? It's only a small amount $500, but it's listing on my CR that it was closed by issuer.

Thanks...

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First Premier is the OC not a CA, therefore, the FDCPA doesn't apply to them.  As far as I know there is nothing anywhere about OCs contacting you. 

[Anonymous]

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@guiness56 wrote:

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@PayYouNever wrote:

I have a question about what relief is available to me in a situation where First Premier Bank was harassing me with phone calls (about four or five a day) in regards to a recently closed account (I missed two payments due to a banking error). I sent them a letter per the FDCPA stating that I didn't want them calling me about the debt, and that they could communicate with me about it in writing only.

I received a letter from FPB acknowledging receipt of my letter, but then over the next week they continued to call me. I decided to speak with one of their Collection Reps, and she admitted that there was a mistake as to why I was on the auto-dialer, apologized and hung up.

I filed a complaint with the FTC, BBB and the CA AG, but what else can I do? How can I use this violation of my rights to negotiate a favorable settlement on the debt? It's only a small amount $500, but it's listing on my CR that it was closed by issuer.

Thanks...

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First Premier is the OC not a CA, therefore, the FDCPA doesn't apply to them.  As far as I know there is nothing anywhere about OCs contacting you. 

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guiness... even if it is their "internal" collections department? You would think they would be subject to the same regulations. Harrassment is harrassment.

[guiness56]

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@Anonymous wrote:

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@guiness56 wrote:

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@PayYouNever wrote:

I have a question about what relief is available to me in a situation where First Premier Bank was harassing me with phone calls (about four or five a day) in regards to a recently closed account (I missed two payments due to a banking error). I sent them a letter per the FDCPA stating that I didn't want them calling me about the debt, and that they could communicate with me about it in writing only.

I received a letter from FPB acknowledging receipt of my letter, but then over the next week they continued to call me. I decided to speak with one of their Collection Reps, and she admitted that there was a mistake as to why I was on the auto-dialer, apologized and hung up.

I filed a complaint with the FTC, BBB and the CA AG, but what else can I do? How can I use this violation of my rights to negotiate a favorable settlement on the debt? It's only a small amount $500, but it's listing on my CR that it was closed by issuer.

Thanks...

---

First Premier is the OC not a CA, therefore, the FDCPA doesn't apply to them.  As far as I know there is nothing anywhere about OCs contacting you. 

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guiness... even if it is their "internal" collections department? You would think they would be subject to the same regulations. Harrassment is harrassment.

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FDCPA is for 3rd party collection agencies, not OC internal ones.  Yes, I agree harrassment is harrassment, I'm only pointing out the FDCPA does not apply in this circumstance.

Maybe state laws would have something.

[PayYouNever]

I received a letter just now from the CA AG, and they don't handle this type of and suggested that I contact a division of the Fed and the consumer protection bureau.

I didn't know that FDCPA doesn't apply to OC internal collections... it's odd, because when I sent the letter to ask to stop citing the specific FDCPA section and subsection, that made them act.

Anyway, it can't hurt to send the ITS letter and I'll contact the Fed and CPB to see where things go.

Thanks for the information.

[guiness56]

If you are in CA, I do believe there is something in their laws that prevent harrassment from OCs.

[Anonymous]

You should definately contact an attorney as the FDCPA is a "fee shifting" statute.  This means that the defendant, not you, has to pay the attorneys' fees.  In addition, once an attorney is involved, the case usually settles without the need for a lawsuit to be filed.  In California, this applies to original creditors as well.