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Can I use a CA's response to a BBB complaint in another complaint?

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DubbaYou
Valued Member

Can I use a CA's response to a BBB complaint in another complaint?

Short story is I have a CA who is not being honest, CACH.  I filed a BBB complaint and they responded, on letterhead and signed by an attorney.  They also contradicted the generic letters that the company had previously mailed.  I pointed this out the the BBB who promptly dropped the complaint saying it was beyond their realm or jurisdiction.

 

Can I use their reply to my BBB complaint in another complaint to my AG or state office?  It proves they have lied and also violated FDCPA.  The letter was not mailed directly to me though, but was sent to me from the BBB to respond to.  I don't want to get sued over this.  Any advice?

Message 1 of 4
3 REPLIES 3
Shogun
Moderator Emeritus

Re: Can I use a CA's response to a BBB complaint in another complaint?

I can't give legal advice, but I wouldn't see a problem with it.  They sent it so they approved it.

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Message 2 of 4
RobertEG
Legendary Contributor

Re: Can I use a CA's response to a BBB complaint in another complaint?

I dont see that the BBB response that they dont have jurisdiction is basis for asserting they have opined as to the facts.

It means just the opposite.... they have stated, in effect, that you have issues of factual dispute that they have no authority over.

The FTC maintains sole administrative authority over FCRA and FDCPA complaints, and the courts, of course, have legal authority.

 

Complaints to your state AG office might result in their inquiry to the debt collector, but their formal control would be via a decision to prosecute.

Without having first exhausted administrative remedy by having filed an FTC complaint, I would suspect they would not initiate legal proceedings, as the consumer always has that option available directly to them.

 

To assert that they are being dishonest is an allegation.  They are entitled to defend against that assertion before any party who has authority to rule on the matter.

That ultimate authority is the court. 

 

You can bring your own civil action for asserted violation without waiting to be sued, or reserve it for a counter-complaint should they initiate legal action.

But bottom line is that you now have no resolution of your assertion of any violation of statute, and failure of a party to become involved, such as a BBB, who has no legal standing in that process, is not, in my opinion, determinative of anything.

Message 3 of 4
Anonymous
Not applicable

Re: Can I use a CA's response to a BBB complaint in another complaint?

What did their letter say, and how is it different from their prior letters?

Message 4 of 4
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