Part Six -- FDCPA Section 1692e false and deceptive debt collection
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- เผยแพร่เมื่อ 21 ก.ค. 2024
- Here is the text of this section: www.law.cornell.edu/uscode/te...
This is probably the most used section of the FDCPA (Fair Debt Collection Practices Act) as debt collectors who break the law almost always lie and deceive.
We are breaking this Section 1692e into two videos as there are 16 subsections to this law.
The next video (part seven) will be released tomorrow morning.
Thanks for watching!
John
John G. Watts
Watts & Herring, LLC
Representing consumers across Alabama
205-879-2447
www.alabamaconsumer.com/
"No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers." Our free weekly webinar is here -- my.demio.com/ref/ZHxa8NhYRNAp... -- on Thursday we'll be talking about some of the new FDCPA rules. Join us if you can!
"No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."
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I am in credit repair and your video helped tremendously break down more of the fdcpa to understand. I do arbitration or pass cases to attorneys for now. I found a passion to help consumers that I have decided to apply to law school and become an attorney to represent consumers. Thank you!
The only one who can arbitrate the debt is the primary party known as the grantor. The third party (collection agency or bank) makes a claim and demand for payment of negotiable instrument which is not disclosed in full. Very deceptive. The bank doesn't disclose that credit was extended from SSN, in trust, to pay in full at time of signage. The bank then takes security interest on property that does not lawfully belong to them.
Another great video John
Thanks my friend! Hope you can use it to hammer the bad guys. :)
Alabama Consumer Protection Lawyers I am going to be emailing you as you asked John but I am confused how can we sue in Alabama since I don’t live there I mean I am totally for it since I’d have u dealing with them just confused how that works
James
Depending on the company that needs to be sued, if they do business in a state they can be sued in that state. So let's say you have a lawsuit you can file against Portfolio Recovery Associates. They do business in Alabama so they can be sued here in Alabama. That's known as "personal jurisdiction" -- the court has power over them.
Someone who lives in a different state can always agree to sue in a different state -- for example Alabama.
Now the court might kick the case to your home state and so we always recommend folks find a lawyer in their home state. (www.consumeradvocates.org/find-an-attorney is a good starting point)
But many folks tell us they can't find one so occasionally we will sue in Alabama for them. Or they may have a lawyer in their state but need someone who is experienced in filing and trying FDPCA cases (for example) and so we are asked to get into cases in other states especially as they get close to trial in federal court.
So definitely try to find someone in your state but if you run into a brick wall, reach out to me and it might be we can help you.
Best of success!
John Watts
Question: if this is an attorney and still refused to let me know that there was an insurance claim.on my eviction wheres I was on life support at the time they say thry served me as well n can prove this.
what if the collector is an attorney but her license status says inactive ?
What if the account is open and use law firm to collect a debt because they couldn’t reach the debtor and they added the court costs to the balance is h to at lying about the amount
Social security is garnishing my wages right now they saying they overpaid me and they cut off my social security and I had to go find work. How can I get them to give me all of my money back that I have paid them ? It was $47,000 and it's down to 20,000 can I get some help ? Every 2 weeks they take over $100 out of my check when I was getting paid every week they was taking a hundred and something dollars out of my check . With what I am learning now of my understanding what is my legal rights to get my money back?
I wish you were near me. I was watching one video where you were talking about Jefferson County in Colorado where I'm fighting an attorney/collection whom has been reporting an amount of money that was disputed for 5 years now on placed on my credit all these years. Now that the CBR'S removed them they filed for money judgment. Idk how much I can do, but I know that they denied giving me vadility of the debt n continued reporting it, they refused to remove and refused to work with me. I filed an answer to their amendment to get money judgment. Hearing is held for July 31st 2019.
Sorry I wish I was licensed in Colorado -- beautiful country there. Sorry you are dealing with not so nice things. I would suggest getting with a CO lawyer to help you -- you can start here to find one: www.consumeradvocates.org/find-an-attorney
Hopefully you can find a good one to help you and congrats for getting this off your credit reports. Now need to stop the lawsuit that it sounds like they have filed against you.
Best of success on this
John
I am being sued by an attorney debt collector I know debt was. Headed off but got summons today never sent any letters prior and they have a copy of note and application, can I still fight it successfully? I feel I need to answer using a validation of debt the verification has someone generally saying they are familiar with the debt very vague
Joe I'm releasing a video in about 30 minutes on the 5 steps to take when sued by a debt collector. I think that will help you get started. Its not really something where you use debt validation letters -- instead you have to respond to the lawsuit but there are some things you need to understand first.
Hope the video helps!
John
How can I reach you? I'm in Huntsville.
Doesn’t a debt collector have to identify themselves as a debt collector if not it’s a violation correct? Cause I have a bill and there’s no identification of anyone being a debt collector
Mike,
Yes they do -- 1692e(11) says:
The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
So if this is truly a debt collector then not disclosing that would be a violation.
I would have an FDCPA lawyer in your state check it out.
Best wishes and thanks for comment!
John
Alabama Consumer Protection Lawyers so that should mean that anyone who sends us a bill in the mail has to identify themselves as a debt collector then anyone who send us a bill for payment is considered a debt collector and is violating the fdcpa
Mike -- they still have to in fact be a debt collector. So if it is a credit card company or doctor or other "original creditor" they won't be a debt collector.
Check out this video where we discuss this some. th-cam.com/video/vCMV_BvdC_Y/w-d-xo.html
In any FDCPA case we have to make sure:
1. We are a consumer
2. Consumer debt
3. Debt Collector
4. Violate the FDCPA
If missing ANY of these, there is no case.
Best wishes
John
Alabama Consumer Protection Lawyers well according to the definition in title 15 usc 1692a the term debt collector would be any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts so that would mean whenever you receive a bill in the mail for the collection of a debt which is money owed that person is a debt collector period
unsigned Court Orders*