Sunrise Credit Services possible violations

[Anonymous]

Greetings,

This is my first post. I'm new to myFico community. Over the past few months the myFico identity theft thread has been a tremendous help.

As a recent victim of identity theft, I have started to scrutinize  phone calls that I receive and entries that pop up on my credit reports.

The other day I came across something pertaining to Sunrise Credit Service.  Looking back through my cell phone call log, I noticed that from 11/2019 to 1/30/20 I had received 23 calls from them. 2 calls were received before 8 am, which is a violation of TCPA Time of day restrictions.

Should I attempt to contact sunrise about this issue?

Thanks

[Anonymous]

And what are you hoping to achieve by this?

[Anonymous]

possibly a lawsuit

[Anonymous]

The merits/probable outcome of a lawsuit aside, why would you contact Sunrise then?  No one calls someone they wish to engage in litigation and says, "hey, just letting you know I'm going to sue you!"

[Anonymous]

@RobertEG is a wealth of info on this topic. Hopefully he will be along to shed some light for you. 

[Anonymous]

thanks for your reply

[RobertEG]

I assume that you recognize them as a debt collector, and that they are likely calling regarding attempts to collect on a delinquent debt.  Do you currently have a delinquent debt that may be subject to collection attempts?

Have you ever spoken with them, and thus have an actual initital communication with the consumer, which then triggers their obligation to send a formal collection ("dunning") notice under FDCPA 809?

As for their repeated calls, a couple of which were before the acceptable time period under the FDCPA, yes, you may have potential abusive debt collection practices for which you could bring civil action for recovery of $1,000 in statutory damages, but unless you are sure they are calling as a debt collector, would not be a violation of the FDCPA abuse restrictions.

Civil action also may not be to your overall benefit if you are considering payment of a delinquent debt under their collection, as it will likely provoke ill will.

Your call.

Can you provide additional information........

[Anonymous]

I am aware that they are a debt collector. I'm sure I don't have any outstanding debts.  

I have never spoken with them. 

Nor have I received any correspondence from them in the mail concering any debt obligations.

[ldkcivilservant]

So you have no idea why they are calling, but want to sue them for calling?

Maybe they just have the wrong number?

All would become clear simply by pickng up the phone and asking why they are calling you. Instead you have gone to the trouble of registering on a forum and posting a question. I don't understand the logic, personally. Especially when you are so sure you they probably don't have a legitimate reason to call you.

[AzCreditGuy]

---

@ldkcivilservant wrote:

So you have no idea why they are calling, but want to sue them for calling?

Maybe they just have the wrong number?

All would become clear simply by pickng up the phone and asking why they are calling you. Instead you have gone to the trouble of registering on a forum and posting a question. I don't understand the logic, personally. Especially when you are so sure you they probably don't have a legitimate reason to call you.

---

I dont understand your logic, isnt that what this board is for? To ask questions? ....