Edwards v Niagara Credit Solutions, Inc

[NeverQuietHere]

Just thought I'd pass this along as my lawyer has passed this onto me. It's another one against CAs and phone messages.-

 

http://www.ca11.uscourts.gov/opinions/ops/200817006.pdf

[Lynn37]

Another CA bites the dust.

[devney]

I don't know too much about this stuff yet, but what I am getting is that they can be in violation if they DO leave a message that states they are a debt collector (because of possible 3rd party disclosure) and now also if they DON'T?

[vintagespeed]

i presently have 5 msgs on my machine from debt collectors looking for peeps other than myself. can i use this to pick them apart and collect some violation dollahs?

[Lynn37]

i presently have 5 msgs on my machine from debt collectors looking for peeps other than myself. can i use this to pick them apart and collect some violation dollahs?

 

Harassment?

[pryan67]

i presently have 5 msgs on my machine from debt collectors looking for peeps other than myself. can i use this to pick them apart and collect some violation dollahs?

 

your rights weren't violated under FDCPA...

[vintagespeed]

your rights weren't violated under FDCPA...

 

that's what i figured. i'll send out another batch of letters to this new crop of jackals.

[RacerX780]

I don't know too much about this stuff yet, but what I am getting is that they can be in violation if they DO leave a message that states they are a debt collector (because of possible 3rd party disclosure) and now also if they DON'T?

 

100% correct. And as the court said, CAs don't have to leave messages on answering machines.

 

If they wanna make sure they comply with the laws and current court rulings, don't leave a msg. It's as simple as that.

 

 

 

-R

[JunkBuyersWorstNightmare]

i presently have 5 msgs on my machine from debt collectors looking for peeps other than myself. can i use this to pick them apart and collect some violation dollahs?

 

 

Alas, you have no standing in those cases.

 

However, if you were to contact them and give them the tapes...

[NeverQuietHere]

ttt

 

So... we have Foti v NCO

Berg V Merchants?

Belin v ????

(I'm drawing a blank...fill them in for me please) Kinda like a cheat sheet for phone messages

 

and Knoll v Intellirisk--- (for Caller ID spoofing)

[direred]

"We have not decided that issue, but even if Niagara’s assumption is correct, the answer is that the [Fair Debt Collection Practices] Act does not guarantee a debt collector the right to leave answering machine messages."

 

So. Awesome.

Edited October 16, 2009 by direred

[x-large debt]

I think they should all start considering leaving the collection business.