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LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 10260
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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This is in regards XXXXX XXXXX violation of FCRA by a collection company

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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:

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.

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 4 years ago.

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

Here is the statute regarding that: 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.
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