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     | Tuesday, March 07, 2000 - 09:38 am  I've been tempted to sue a collection agency that has been iqnoring my request to cease contacting me. Here's the story, I offered to pay the debt if they agreed to remove the item from my credit report. They refused, I sent a cease letter. They have contacted me 3 times since then. ( Letter and phone call). My question is: If I sue do I sue the collection agency and the original creditor ( Since the agency is acting on behalf of the original. Thanks Steve
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| | Wednesday, March 08, 2000 - 06:33 am The FTC says "... A debt collector is any person who regularly collects debts owed to others." The Fair Debt Collection Practices Act typically applies to collection agencies or attorneys, not the original creditors (see Who is a Debt Collector on the FTC site). But your best bet would be to contact an attorney who can answer that question for you.
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| | Wednesday, March 08, 2000 - 07:00 am You have the right to sue for $1,000 punitive damage per violation of the FDCPA.
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| | Wednesday, March 08, 2000 - 07:58 am As usual, you avoided the original question (dejavu, people). WHO is he to sue? WHO??
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| | Wednesday, March 08, 2000 - 08:11 am Name everyone in the lawsuit. Sue the original creditor, the collection agency, the phone company that routed the call to you, the individual working at the collection agency who established the policy, the actual worker who carried out the policy and the drunk that hit you up for change on the way in to the courthouse and John Does 1-99 to be named later.
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| | Thursday, March 09, 2000 - 03:31 am The original creditor is exempt from the FDCPA. Don't sue them. Try this: when the collector calls, if they don't identify themselves as a debt collector, they have violated the FDCPA. Prior to an amendement to the law, they were required to give the "mini Miranda" ("This is an attempt to collect a debt... ") in every contact with the consumer. Now, they must, at least, tell you they are a collector. Giving you their name isn't enough. You can win $1,000 with that, too. They'll settle.
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| | Saturday, March 11, 2000 - 09:49 am I sue GMAC in 1999 over a car loan that was paid off which they report it as a repo.The judge order GMAC to update my credit file and pay all court costs and $5000 damages it costed me, it only took GMAC 48 hours to correct the problem. A lot of people are scared to go after the big boys {credit bureaus} The best way to deal with the big 3 when you are talking to the person at the bureau get their full name and once you have that ask the subject is it a crime to give false info to get info from people the answer is YES.Please turn on your recorder when you are talking to the subject. After you have finish if the problem was not handle let the subject no that you will hire a P.I. to run his or her name to see if it matches if it does not you can bring charges on the subject for seeking info from you with a FAKE name.The big 3 call it protecting their employees. There is a subject in Northern California that has a website with pictures and info on the head man of trans Union.T.U.took him to court and lost. If you have any info or names from the credit bureaus or license plate numbers that is correct he will post it on his site. I lost the URL do anyone no it. I will closed for now.
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