How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalGems Your Own Question
LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 7440
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
63726236
Type Your Consumer Protection Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

This is in regards XXXXX XXXXX violation of FCRA by a collection company

This answer was rated:

This is in regards XXXXX XXXXX violation of FCRA by a collection company trying to collect on a debt that I was NOT told about (either via phone or mail).

Three part question:

1) What type of lawsuit does one file against a collection agency who violated FCRA (intimidation tactics, stating things that are not true)
2) Where is the suit filed, in the county of offense (where I live), or in their area
3) If there are no recordings of the violation, am I SOL? What if someone else listened to the conversation
Hi! LegalGems here. My goal: To Do My Best To Assist You. Please remember, I can only provide general information,as this is a public forum. Actually, the correct act would be the FDCPA, accessible here: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.shtm#813

You can file a Fair Debt Collection Practices Act Violation Complaint in the county in which you reside, as that is where the harassment occurs. Damages are actual damages. or $1,000. You can also lodge a complaint with the FTC, and if they have enough complaints, they will file an action against the company.

http://ftccomplaintassistant.gov/

As long as you have a log of the violations, that typically suffices. If someone else was in the room and could hear, based on the conversation from your end, that you were being harassed, this could be included in the declaration. However, if they were listening in, without the other party's knowledge, this could create additional problems - right of privacy issues.

If you send a cease and desist letter, detailing the prior violations, that could be very persuasive, particularly if they continue to violate the act post-letter. The letter should be sent certified mail, return receipt requested.

Customer: replied 3 years ago.

I had it on speakerphone. That doesn't violate wire tapping laws does it?

Here is the statute regarding that: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0900-0999/0934/Sections/0934.03.html It does not specifically address speaker phone issues. However, the creditor can claim a right to privacy issue; it would likely depend on how sympathetic the judge is to such a claim.

It is generally advisable to get permission before putting a call on speaker phone when a person can overhear the call. Some states have statutes regarding this, but I could not find any relevant statute for Florida, except for the one linked above.
LegalGems and 2 other Consumer Protection Law Specialists are ready to help you
I wanted to be sure and thank you for using JA/Pearl.

I hope you found the information I provided useful.

If you would like to request me for your future legal inquires, please put TO LEGAL GEMS in front of the question, and I will do my best!
Take care.

Please be sure and complete the customer satisfaction survey the site will be sending you so that I can continue to provide affordable information to our customers. Thank you!

Related Consumer Protection Law Questions