In-House Debt Collectors and the FDCPA
My question involves collection proceedings in the State of Kansas
Why are only 3rd Party Debt Collectors held to the Fair Debt Collection Practices Act (FDCPA)?
I have a serious issue with a VERY large company that does internal collections. They have violated FDCPA in ways that would shut other company's down in a lawsuit. I have verifiable proof that they have violated my rights and a lot of lawyers have said that I am absolutely correct and that these guys are way out of line with something like 120+ violations...and I am dissabled! Then they tell me the bad news, my company is not a 3rd party collector and they cannot help, as much as they would like to!
I have done some (actually, A LOT) of research and I am looking into how to proceed under the Uniform Commercial Code.
Are there any other resources you can suggest, or even a lawyer/law firm in Kansas with a little bit of cojones that anyone may be aware of?
Thanks!
Re: Non 3rd Party Debt Collectors and the FDCPA
because the congress did not see fit to put the same restrictions on 1st party collections. The reason the FDCPA was written was because there are so many 3rd party collection problems. There are not nearly as many 1st party issues.
it isn't a matter of an attorney having cajones. It is a matter of being able to do anything because the law has been broken.
There is one way to get all of the calling etc. to stop:
pay the bill.
Re: Non 3rd Party Debt Collectors and the FDCPA
Thanks. I never even thought about "paying the bill" as an option.
For future reference, please consider that if "pay the bill" were an option, I would just pay the bill. I always have and intend to again when I am able.
However, my back is severly injured from a work related injury, my Worker's Comp is an illegally sold policy that they are denying me benefits on, my private insurance is telling me WC should pay it, and I haven't been able to work or receive proper medical care for over 4 months. No one has the cajones to go after the insurance companies either, because, as they put it, "It's not worker's comp". That's a complicated issue for a different forum, if you want full details...let me know.
So, I am faced with multiple extremely complex legal circumstances and medical issues, including extremely abusive debt collection practices from a loan originator. If it is your opinion that loan originators are allowed to lie, threaten illegal activities, and indescriminately contact 3rd parties about my debt, including people I do not even know, then just say so.
While I do understand what you are saying about FDCPA and why it covers 3rd Party collectors only, I still don't think that should make 1st party collectors exempt. It might be a tougher fight without the easy FDCPA precedented cases, but THAT is what I meant by cajones...
If anyone who may read this post knows of any other avenues I might use, please let me know. There is no need to reply and tell me to "pay the bill", I pray every day that I can just pay my bills!
Re: Non 3rd Party Debt Collectors and the FDCPA
So, I am faced with multiple extremely complex legal circumstances and medical issues, including extremely abusive debt collection practices from a loan originator.
Quote:
If it is your opinion that loan originators are allowed to lie, threaten illegal activities, and indescriminately contact 3rd parties about my debt, including people I do not even know, then just say so.
a loan originator? as in an individual or are you speaking of a company that has loaned you money?
Quote:
While I do understand what you are saying about FDCPA and why it covers 3rd Party collectors only, I still don't think that should make 1st party collectors exempt.
what you or I think is irrelevant. The fact is, it is written to deal with 3rd party collections only.
Your problems with WC aren't making a lot of sense either. Either contact your states WC offices, if there is one or engage an attorney to assist you. To claim you need one with cajones is silly. If there is money to be made, there will be lawyers willing to take this on. The problem: it may not be a winning case so unless you want to pay out of pocket to hire a lawyer, they may simply not be interested.
!