FDCPA rights violated

[heightsgirl]

What is the name of your state? NY

Just this past Saturday I went online to pay my Discover card and realized I had missed the payment. Right away I called and set up a payment by phone for the past due and the total due for the following payment. It was my first late payment and I was told after the payment cleared my bank they would refund my late fee and also reset my card to the 0% interest. No big deal.

The next day, my phone rings and I had company so my mom answered the phone. When she hung up she said that it was Discover card calling and the girl told her that I needed to call them and take care of my bill. Now, I'm not upset about the phone call itself, I know the calls get loaded nights before in call centers and that customer service notes are separate from collection notes (I worked collections for Citibank). I also know that the collector violated my rights, under the FDCPA, by telling my mother I needed to "take care of my bill." I called Discover back and spoke with a supervisor. She said they now record all of their calls, whether they are just leaving a message or what not. I'm waiting to hear back from them.

Yes, I know I owe the bill, I've been paying faithfully since I used the card. I have no problem paying the bill. I am hoping they will reset me to 0% interest or I will be paying the bill off. My question though, is what rights do I have since they violated the FDCPA? Do I just use that as more leverage to get my rate corrected back to 0%??? And do I go ahead and report this to the FTC, or see what they do first?

Any advice would be appreciated.What is the name of your state?

[tranquility]

Get over it. Far more egregious situations are ignored. Pay the man and accept the consequences of being a late payer.

[heightsgirl]

So I'm the only one that should accept my consequences?

I made a mistake, yes, I am a "late payer", but yet, they made a mistake too.

The FDCPA was put into place for a reason, not to be vioated...whether it's a minor violation or not, it's a violation.

Did I have a valid reason for being late? I sure as hell think so, but did I throw that out there? No, because I accepted the fact that regardless of my situation, I was late. I had a plan in place if they weren't going to reinstate my 0%. Then...they made a mistake. So, I should just accept my mistake and ignore theirs?

[debtcollector`]

Actually it makes no difference as you have no FDCPA claim. The FDCPA doesn't apply to original creditors as is Discover.

DC

[heightsgirl]

Thank you.

I did some further reading and found that I can still file an FTC complaint. Honestly, I just want the leverage to get my 0% back. They said they would correct after the payment cleared my bank, but it's always nice to have something to insure that.

[Skapare]

Originally Posted by heightsgirl

Thank you.

I did some further reading and found that I can still file an FTC complaint. Honestly, I just want the leverage to get my 0% back. They said they would correct after the payment cleared my bank, but it's always nice to have something to insure that.

If their terms of service permit them to increase your interest rate (or other things) on account of even so much as one late payment, then it is their right to do that. If they promised to reset it to 0% maybe they will keep the promise. But keep in mind they might not "find" any recording of any such phone call.

Then it is your word against theirs. You have no leverage to get the 0% back. If you are the kind of customer they want to keep, maybe they will realize that and do what it takes to keep you. Otherwise you can choose to get even with them by stop using the card, pay off the entire balance, and close it, depriving them of a tiny source of revenue.