[chucki]

My question involves collection proceedings in the State of: Tennessee

This letter is to file protest and seek damages due to several Violations of the Fair Debt Collection Practices Act.

I stopped using my Washington Mutual/My Points card when I approached my limit. Due to a current lay off I have been trying to get caught up causing a bill to go past due, the fact that my account is over limit is due to your fees. I have paid toward the card since than, and am still actively trying to get caught up. My phone has been ringing constantly up to 15 times a day since then, I have also told the representatives of my intention and willingness to keep paying on the card. Several times I have told the representatives to stop contacting me by phone. This morning my phone rang at 5:14am EST. All calls are coming from different numbers so I am never aware of who is calling. I have received calls from:

CSC\Sears #2516 305-384-2104 (called 5:14am I have digital photos of the ID and time stamp)
Fort Worth TX 817-256-9617
WMCS 770-240-0000
WA.MUTUAL CARD 623-476-0009
PRODATA INC 303-481-0027
San Antonio TX 210-247-0026
WA.MUTUAL CARD 763-852-0014
WA.MUTUAL CARD 321-549-3042

I searched via GOOGLE to verify all numbers above are from Washington Mutual or their vendors.

I am certain the following violations have been made to the FDCPA (bold and underlined):


Calling before 8am:

§ 805. Communication in connection with debt collection
(a) COMMUNICATION WITH THE CONSUMER GENERALLY.
Without the prior consent of the consumer given
directly to the debt collector or the express permission of
a court of competent jurisdiction, a debt collector may not
communicate with a consumer in connection with the collection
of any debt—
(1) at any unusual time or place or a time or place known
or which should be known to be inconvenient to the
consumer. In the absence of knowledge of circumstances
to the contrary, a debt collector shall assume that the
convenient time for communicating with a consumer
is after 8 o’clock antimeridian and before 9 o’clock
postmeridian, local time at the consumer’s location;

Calling more than necessary:

§ 806. Harassment or abuse
A debt collector may not engage in any conduct the natural
consequence of which is to harass, oppress, or abuse any
person in connection with the collection of a debt. Without
limiting the general application of the foregoing, the following
conduct is a violation of this section:

(5) Causing a telephone to ring or engaging any person
in telephone conversation repeatedly or continuously
with intent to annoy, abuse, or harass any person at the
called number.

Multiple company names and phone numbers:

(6) Except as provided in section 804, the placement of
telephone calls without meaningful disclosure of the
caller’s identity.


Multiple company names and phone numbers:

§ 807. False or misleading representations
A debt collector may not use any false, deceptive, or misleading
representation or means in connection with the collection
of any debt. Without limiting the general application
of the foregoing, the following conduct is a violation of this
section:

(14) The use of any business, company, or organization
name other than the true name of the debt collector’s
business, company, or organization.


Which leads me to damages:

§ 813. Civil liability
(a) Except as otherwise provided by this section, any debt collector
who fails to comply with any provision of this title
with respect to any person is liable to such person in an
amount equal to the sum of—

(1) any actual damage sustained by such person as a result
of such failure;

(2) (A) in the case of any action by an individual, such
additional damages as the court may allow, but not
exceeding $1,000;


I will be awaiting your response to my concerns. If no response is received within 30 days of postmark of this certified letter I will move forward with a formal complaint to my states attorney, as well as the FTC. Also at that time I will consider retaining council for a civil filing.

[Mr. Knowitall]

You're complaining about an in-house collection effort? (Your creditor's own employees trying to directly collect money you owe?) If so, be aware that the FDCPA does not apply to in-house collections.

[chucki]

I used to work for Cingular Wireless in their collections dept and these rules applied to us. And we were in house?

[ashman165]

My question involves collection proceedings in the State of: Tennessee

First of all, do not talk to them on the phone at all. Only respond to them in writing as there is no record of what's said on the phone. Second, all mail should be return receipt requested. That way you can prove they got the letters as you'll have a signature in your hot little hands.

Knowitall is correct. The act only applies credit collection agencies and credit reporting agencies, not the original holder of the debt.

You can read up on it here.

If you go through that website, you'll come across some information on how to deal directly with the original creditor, which this may or may not be.

Particularly in how you can request an investigation from your original debtor. Now, if they've filed this on your credit report and don't conduct the investigation, you can sue them. A nice run down is on that website including links to the relevant federal and state laws.

Good luck.

Also, it's a good idea not to admit to the debt straight off. They might be able to use your letter against you. Make them do their own work; don't do it for them.

[chucki]

Also, it's a good idea not to admit to the debt straight off. They might be able to use your letter against you. Make them do their own work; don't do it for them.

I tke pride in being able to pay my bill if I spent it I will admit to it. I want no one thinking I am a dead beat. What burns me up is how aggressive they are about being over limit. I still pay the bills I am not stiffing them.

What about the Telephone Consumer Protection Act of 1991? There is a rule in there about calling before 8am.

I do thank you for your reply and I will look over the site.

[Southern_Yankee]

I have had 12 calls this week alone from each one of these numbers. Plus the 2 at work even after I told them to stop. They've sent to letters that tell me I am past due (which I am, I admit), but that I have until 11/11 to pay (which I will). One of these numbers (303-481-0027) is Pro-Data... is that an in-house collector?

It's still harrassment to call 12 times a week and at your place of business after you tell them to stop.

So, Chucki...did they respond to your letter?