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Sprint Collections - Receivables Performance Management


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During my weekly credit report review, I noticed a new collection had popped up. Says the OC is Sprint, with the CA being Receivables Performance Management. I'm working on a Texas DV to them at the moment, but I wanted to know if anyone had any advice for dealing with them. Are they an actual collection agency or junk debt buyer? I haven't had service with Sprint since 2019 under one of their promotions, but I know that I don't owe this debt. I paid Sprint monthly and when I canceled, they hit me with some additional charges which were never disclosed, just added to my bill. They wouldn't give me a line by line, only said that I owed them. Of course, I disputed it with their account services and they left me alone about it, until now. Sprint was never on my credit report, and I've never received anything in the mail from them or RPM. I've also read that forcing them into arbitration might be the way to go? Really don't want to make a wrong move here, as this is literally the only collection I have, so I hope someone can give some advice.

 

Thanks.

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They are a collection agency.

 

My experience with them during the process of collecting a mobile service debt, they did not follow all of the rules.

 

I sued them in federal court last year. It was settled outside of court.
 

I went after the mobile carrier as well, they forced arbitration but did not want to proceed. We both mutually agreed to walk away.

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1 hour ago, discopanda said:

They are a collection agency.

 

My experience with them during the process of collecting a mobile service debt, they did not follow all of the rules.

 

I sued them in federal court last year. It was settled outside of court.
 

I went after the mobile carrier as well, they forced arbitration but did not want to proceed. We both mutually agreed to walk away.

If you don't mind me picking your brain, could I pm you? I'm sure you don't want to post all that was involved but I would love to hear more, especially because I have a feeling this might be a bit of a struggle since the Sprint/T-mobile merger.

 

As an alternative, if you don't mind posting more about how you handled them, would you? I think I have a bit of a handle on the TFC, but I don't know how federal court comes into play. I'm assuming that you are referring the FDCPA and FCRA violations? Can I do both at the same time or do I go after them under Texas laws and then come back around for the federal?

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Thanks, discopanda and legaleagle2012.

 

I was wondering about the mobile carrier. The CA is on my credit report, so they are the ones who will get the DV invoking the TFC and also putting them on notice for the 60 day right to cure (per advice from several posts by centex). I also plan to immediately send a CRA dispute wtihin 3-4 days after sending the DV.

 

I'm thinking that I might go ahead and send of a notice of dispute to Sprint informing them of my intent to force arbitration. Also, Sprint once acted as a collector since they called from their in-house collection department, so could I DV them along with the arbitration notice?

 

I keep reading and reading, and I'm getting really confused. There is so much that could be done, and now, I'm really unsure of what steps to take. I don't want to make a wrong move here, so if anyone sees a mistake waiting to be made, please let me know!

 

 

Edited by txsmiles
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Sprint once acted as a collector since they called from their in-house collection department, so could I DV them along with the arbitration notice?

 

OCs are not subject to the FDCPA, so no, you can't UNLESS your state laws cover OCs. Some do.

You're overthinking this; just file for arbitration and be done with it.

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4 hours ago, legaleagle2012 said:

Sprint once acted as a collector since they called from their in-house collection department, so could I DV them along with the arbitration notice?

 

OCs are not subject to the FDCPA, so no, you can't UNLESS your state laws cover OCs. Some do.

You're overthinking this; just file for arbitration and be done with it.

This. ^^^
 

My lawsuit was against RPM for the multiple

FDCPA/FCRS violations during their collection efforts. For example, 2-10+ calls a day even after DV + cease and desist that was sent CMRR, mishandling the reporting, failing to correct, again sent CMRR.
 

Basically, I had an undeniable paper trail of violations, cell phone missed call screen shots, phone bill billing statements showing the calls. 
 

They may have cleaned up and fly right since then, doubt it. But from my experience if you hold them to the law, they will violate it.

 

They even signed one of the CMRR cards and dated it in the future. I had the green return card in my mailbox a week before the day it was dated when signed as received. 
 

Edited by discopanda
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9 hours ago, legaleagle2012 said:

Sprint once acted as a collector since they called from their in-house collection department, so could I DV them along with the arbitration notice?

 

OCs are not subject to the FDCPA, so no, you can't UNLESS your state laws cover OCs. Some do.

You're overthinking this; just file for arbitration and be done with it.

I'm going after them under Texas laws. I do have a question, though. Sprint has updated it's TOC to be effective 9/1/20. I have a copy of the old TOC, which was applicable during the time I used them as my mobile carrier. Under the old TOC, JAMS is designated for arbitration, but as of 9/1, the designation will change to AAA. Do I have to give the notice of dispute or can I just go ahead and file with JAMS? If I do send the notice of dispute, will I have to file with AAA if this isn't resolved before 9/1? Does the 60-day notice of dispute preclude Sprint from any further action on this debt until that time has passed? Just trying to figure out how this will tie in with the collection agency. I still fully intend to pursue every remedy under the Texas Finance Code for RPM.

Edited by txsmiles
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10 hours ago, legaleagle2012 said:

Arb requires the contract in force for the year you defaulted. File with that forum; if you file with a different one, the claim may be rejected.

So, JAMS it is. I guess I will go ahead and prepare a dispute letter for Sprint and send it out with my RPM DV. I will post back with an update or any more questions I might have. I'm a bit nervous, but I've been reading about the success of so many other members that I also have some hope!

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2 hours ago, discopanda said:

Wait wait.. 

 

In the T&C’s that forced arb, does it say to write them first at an address to notify them of your intent to arb?

Yes, it does. It gives an address for the General Counsel, and the time span is actually 45 days before I can file. I'm having a hard time writing up this dispute letter though. I have spent so much time reading up on how to handle the collection agency that my brain is stuck on state law. Do state law violations apply in arbitration cases? I don't know what to put in my dispute other than, "I dispute this debt in its entirety and intend to file for arbitration." Can I just list that I want the debt canceled, never to be sold, and to delete all records pertaining to the account? Oh, and do I include that I will seek monetary damages if it is not resolved before my filing? I'm trying not to toe the line where I give them enough information that can be used against me to validate with the CA or the credit bureaus, but I also want to make them go away even if I have to file with JAMS.

 

 

Edited by txsmiles
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How was the quality of service? Poor service in your location? What made the service so bad that you didn’t want to pay it anymore. Did you feel bait and switched?

 

Don’t dispute anything yet. Type up the letter to notify them of your intent to arbitrate. Explain your disapproval of the service as the reason for your demand and send it CMRR. Follow the instructions outlined to a T in the T&C’s.
 

You will likely get a call or letter back from someone explaining what they are willing to do for you. 


I’ll respond to your PM soon.

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1 hour ago, discopanda said:

How was the quality of service? Poor service in your location? What made the service so bad that you didn’t want to pay it anymore. Did you feel bait and switched?

 

Don’t dispute anything yet. Type up the letter to notify them of your intent to arbitrate. Explain your disapproval of the service as the reason for your demand and send it CMRR. Follow the instructions outlined to a T in the T&C’s.
 

You will likely get a call or letter back from someone explaining what they are willing to do for you. 


I’ll respond to your PM soon.

 

I just put the finishing touches on my dispute for RPM, but I will put it on ice. I will get to work on the dispute for Sprint right away. I could write a couple of pages just trying to answer those questions. So, I think this will turn out nicely. I really need to stop overthinking things because I was looking at things a completely different way. Glad I can come to this forum to ask for advice because I really need it.

 

Thanks.

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Keep it short; one or two sentences will suffice to let them know you choose arbitration. Actually, it's a waste of time sending all this junk anyway. Just go to JAMS and open a case. Print out a bunch of copies and send them out. If JAMS requires payment, it  is limited to 250 anyway. If and when the OC refuses to arbitrate, JAMS will close the case for non payment. You can then sue the OC for the 250 in small claims.

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5 hours ago, legaleagle2012 said:

Keep it short; one or two sentences will suffice to let them know you choose arbitration. Actually, it's a waste of time sending all this junk anyway. Just go to JAMS and open a case. Print out a bunch of copies and send them out. If JAMS requires payment, it  is limited to 250 anyway. If and when the OC refuses to arbitrate, JAMS will close the case for non payment. You can then sue the OC for the 250 in small claims.

I'm not sure I agree.  The contract says they have to give 45 days notice.  So why not send a very short letter, then file after 45 days?

 

 

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On 8/24/2020 at 1:43 PM, txsmiles said:

I'm going after them under Texas laws. I do have a question, though. Sprint has updated it's TOC to be effective 9/1/20. I have a copy of the old TOC, which was applicable during the time I used them as my mobile carrier. Under the old TOC, JAMS is designated for arbitration, but as of 9/1, the designation will change to AAA. Do I have to give the notice of dispute or can I just go ahead and file with JAMS? If I do send the notice of dispute, will I have to file with AAA if this isn't resolved before 9/1? Does the 60-day notice of dispute preclude Sprint from any further action on this debt until that time has passed? Just trying to figure out how this will tie in with the collection agency. I still fully intend to pursue every remedy under the Texas Finance Code for RPM.

If you are NOT a customer who uses their service after the effective date, then the new ToC likely would not be held to be applicable to you.  What WILL be in play would be what existed when you ceased to be an active customer...

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  • 3 weeks later...

Legaleagle2012, can you explain the arbitration process a little more. Do I send the copy of the demand first to Sprint and then send it to JAMS? The instructions ask for proof of service. I have the demand filled out, two copies of the agreement that was in force, and the $250, which, supposedly Sprint will also pay for me to file against them if I send a letter requesting it due to financial hardship.

Edited by txsmiles
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  • 7 months later...
Posted (edited)

Never got to file because they deleted, but they popped up again under a new collection agency. This time, I've sent a Texas DV but they didn't respond. However, they did update my credit report, actually about 5 times since they got signed for my letter. Went ahead and sent arb demand and Sprint responded but I'm not happy about it. I don't trust them and they fought me on a deletion. Should I request specific verbiage in an agreement or send my own? I have a contact, but I don't know what to do now. I have some time left for the dispute period but could I just file arb anyway without waiting because they claim the offer is the best they can do?

Edited by txsmiles
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  • 2 weeks later...
Posted (edited)
On 5/2/2021 at 2:56 AM, legaleagle2012 said:

Just file for arb, don't waste your time with these idiots. Name Sprint and the current collection agency as respondents. (make sure it's a CA and not a debt buyer)

 

I'm getting my paperwork together to send the demand. What address do I use for service for Sprint? Corporate mailing address or some particular office or do I send it to the Customer Relations PO Box? If you know this bit of info, I would appreciate it very much because I don't want to screw this up. Oh, another thing. There is a spot of the form that asks about the amount in controvery....this is the amount of the debt they say I owe? 

 

Last question. Sprint and the CA have separate violations. I can seek damages from them separately in my complaint or do I just total the sum and not designate the responsible party? I want to pull the bond underwriter into the claim as well. I know this is legal for lawsuits in TX, so is it valid for arbitration? It would certainly increase the initial fees for the case.

Edited by txsmiles
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The fees are the same no matter how many respondents you name. Let THEM sort out who pays the fees. The bond underwriter is not a party to the agreement between you and Sprint. Only parties to the agreement can be subject to arbitration. You may get the argument that the CA is not, so read up on agency law cases for your state. Use the address in the Sprint agreement. You can explain the violations in the arb form in separate paragraphs. "As to Sprint..... blah blah blah. As to the other guy, same thing.

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