• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

FDCPA Questions about contact II

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

G

GA Gen Prac Law

Guest
FDCPA Questions about contact

What is the name of your state? Georgia (atlanta area)

But this is an FDCPA question so everyone can chime in.

2 questions re: no contact provisions

1. One of my clients that I represent is in dispute with Creditor A. I send Creditor A No contact etc letters and communicate for months. After months of communication my client gets a lawyer from law firm retained by large creditor chop shop. I called back the representative and he thought the matter had been settled (due to other FDCPA violations). NOw this attorney, on belf of SAME credit agency is sending letters.

Do I have any ethical or legal duty to contact the attorney/company and inform them of this violation? Or can I sit back, let the attorney keep sending letters (1st one seemed to be 1st in a line of 2-3 letters before filing suit) until I have 5-6 FDCPA violations for leverage?

2. Another client informed a creditor agency A that the the debtor they were seeking (their son) did not reside withthem (he is indigent/homeless and does not live with them). They told creditor to cease communications etc. Creditor sold account to a different collection agency B, A did NOT pass along information re: no contact and they started contacting client again. Is there an FDCPA violation? To A? To B?
 
Last edited:


racer72

Senior Member
Your questions are confusing but I will try.

1. You state that a no contact letter was sent to creditor A. If creditor A is the original creditor for the debt, the creditor does not have to obey the no contact letter. Only secondary creditors, ie, collection agencies, must obey no contact letters. If you feel a no contact letter was violated, report the violation to your states attorney general office. But most state AG's office will not investigate these violations unless a certain number of violations against the same collection agency/lawyer are reported.

2. Each creditor must be notified in writing. A single letter is not transferable to the next collector of the debt. If 10 collection agencies attempt to collect, 10 letters must be sent.
 
G

GA Gen Prac Law

Guest
Ok, I'll clarify. None of these parties involved are the ORIGINAL creditor. They are second, third, even fourth generation holders of the credit account. Interstingly enough in my state GA, they just passed a law whereby the agency that is reselling the account to another creditor MUST pass along no contact info, or face fines. This actually passed yesterday...
 
G

GA Gen Prac Law

Guest
Heard about it yesterday on the radio. The guy on 750 WSB Atlanta said that was a rider on the Georgia Predtory Lending Bill 02 HB 1361, but so far I see nothing to that effect. I have emailed the news anchor at the radio station to ask him for his source. I'll let you know.
 
G

GA Gen Prac Law

Guest
But thanks for the creditnet.com link. If you have any other good sites or sources for info feel free to share.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top