FDCPA Violation Cease And Desist Letter Ignored By Debt Collector

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FDCPA Violation Cease And Desist Letter Ignored By Debt Collector

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Күн бұрын

What are the two ways to word a "cease and desist" letter under the FDCPA (Fair Debt Collection Practices Act)?
What is the one requirement that you must meet for a cease and desist letter to be effective?
What are the three exceptions that allow a debt collector to continue to communicate with you even after a cease and desist letter?
What damages can you get if the debt collector violates the FDCPA?
Thanks for watching this video!
John
John G. Watts
Watts & Herring, LLC
Representing consumers across Alabama
205-879-2447
www.alabamacons...
"No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers." Our free weekly webinar is here -- my.demio.com/r... -- on Thursday we'll be talking about some of the new FDCPA rules. Join us if you can!
"No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."

Пікірлер: 37

@barronsimmons6799 3 жыл бұрын

Hey look up 15 USC 1601 (a) & 15 USC 1602 (i) we are the original creditors and capital one is considered a debt collector.. even when you call they will say this is an attempt to collect a debt. So this rule applies to any type of “alleged” debt. Truth in lending applies to the natural person! Not a corporation. You don’t believe me check the CFPB complaints on any bank and you’ll see all the proof of all alleged debts being disputed with compensation or just relief. 😃 have a great day!! Oh love your content by the way!

@zayonnabeat4497 2 жыл бұрын

Yup! Debt collector means “ANY” person trying to collect a debt from you and they most definitely are 💯 so they are indeed debt collectors

@georgemckenzie2525 Жыл бұрын

Many third party Debt collectors claim to be the Original creditor, if they purchased the debt, and it was not in default, the third party Debt collector will claim 15 usc 1692 et seq. " does not apply"

@johngwatts Жыл бұрын

If the debt is not in default when assigned/transferred to third party, then they normally are NOT a debt collector. Its slightly more complicated but this is a good rule of thumb: When the collector first touched the debt, was it in default or not in default? In default -- likely a collector. Not in default -- likely not a collector under the FDCPA. Thanks John Watts

@georgemckenzie2525 Жыл бұрын

@@johngwatts still required to be truthful and fair, which is not been my experience . In Vermont statutes annotated, title 8 ss 2500 Monetary value = a medium of exchange Medium of exchange = payment instrument If the Note is drawn by one party, but cashed through the TTL window instead held on deposit, that drawing party is the creditor, yet the identity of the creditor will not be disclosed but rather it will be hidden, with a claim the financial institution is the creditor which it can not be unless they loan you their money Tresspassing upon the Chattels, and through Conversion turning that monetary value into their property. All of which are Unfair and Deceptive Practices as covered by FTCA title 5.

@georgemckenzie2525 Жыл бұрын

I have a certified mailing " still out for delivery " three years after the check that was in the communication was cashed by the recipient, B of A, the same has also whited out the number on multiple occasions, and blacked out the addressee on the 3811. These are witnessed , certified mailings. These institutions regularly and with undeserved impunity violate 18 usc 1701 and 18 usc 2071 as a matter daily business.

@deloursdoss8516 2 жыл бұрын

What is I write to the public utility commission but the say write to the light company

@jackiejoy1852 2 жыл бұрын

New subscriber

@MissionaryInMexico 5 жыл бұрын

Great video, John. You've got the most comprehensive approach that we the people can follow. Whether in Alabama or not... Your advice is great. My case is still ongoing, and I'm just about to countersue. I'll keep you posted.

@johngwatts 5 жыл бұрын

Thank you for your kind words and best wishes in the countersuit!

@MissionaryInMexico 4 жыл бұрын

@@User0player1 Im surprised John hasn't blocked you for planting psychobabble on his channel. Don't worry. He will.

@georgemckenzie2525 Жыл бұрын

May means must: Blacks Law 9 edition

@alphamasterjames1667 5 жыл бұрын

Good Morning John great vid as always surprised to see u up posting so early

@johngwatts 5 жыл бұрын

Well I'm still asleep -- just schedule the video to go public. ;)

@alphamasterjames1667 5 жыл бұрын

Alabama Consumer Protection Lawyers 😂😂😂😂

@alphamasterjames1667 4 жыл бұрын

Please do a video John about Business debt

@johngwatts 4 жыл бұрын

Will do -- let me add it to the list thanks for the suggestion! John

@ShortyD90173 2 жыл бұрын

💎💎💎💎💎

@alphamasterjames1667 4 жыл бұрын

What if it’s business debt John? You have no protection at all?

@johngwatts 4 жыл бұрын

You just don't have FDCPA. But you may have state law protection. We don't often do it but we have sued over business debt when collections go over the line -- we use Invasion of Privacy and similar laws. You also can use the FCRA (Fair Credit Reporting Act) when there is false credit reporting even when it is business debt. John

@brandyourselfapparel5183 4 жыл бұрын

What laws apply to business debt?

@johngwatts 4 жыл бұрын

Great question -- here's a video discussing this. kzfaq.info/get/bejne/g8eVjKd42KysZac.html Thanks for the question! John

@amunre12 3 жыл бұрын

Hello I sent a cease and desist letter to a finance company and I've received 4 additional letters from this company since they've acknowledged receiving my cease and desist. Can I sue them for harassment now?

@johngwatts 3 жыл бұрын

Under the FDCPA, they need to be a "debt collector" -- is this the original creditor or is it a debt collector? Now you may have a state law that is similar to the FDCPA but applies to original creditors -- you'll need to check on that. If it does and it has a cease and desist letter portion, then I would get with a lawyer in your state or if you don't know if you have that state law, get with a lawyer in your state. Best wishes! John

@alphamasterjames1667 5 жыл бұрын

I’d love for u to do a long video John about section 605B of the FCRA! And give me credit for it a shout out lol that would make my day

@johngwatts 5 жыл бұрын

Will do! I've got it on my list.... Thanks! John

@alphamasterjames1667 5 жыл бұрын

Alabama Consumer Protection Lawyers course because it’s something I have dealt with and still am so I hope it’s soon

@karriealcazar3175 4 жыл бұрын

What if I keep getting mail from debt collector for a distant relative I’ve sent return to sender mail and on envelope I asked for them to cease all contact to my self and family members that we are not the debtor twice and received another letter today. What shall I do next

@johngwatts 4 жыл бұрын

I would get with a consumer lawyer in your state to see if you can sue. Basic idea is Section 1692d (www.law.cornell.edu/uscode/text/15/1692d) says can't harass ANY person so it is not limited to the one who supposedly owes the debt. You may need to send a more formal letter to the collector but I would talk to a consumer lawyer in your state first as you may want to go ahead and sue. John

@redciroc1211 4 жыл бұрын

I'm in ohio and I emailed 3 cease and desist emails to original creditor which they acknowledged all three times but continue to call ,leave voice mails,and emails every other day...are there any ramifications for O.C under any law?

@johngwatts 4 жыл бұрын

So under the FDCPA (Fair Debt Collection Practices Act) original creditors are normally not covered by it. So you'll need to see if Ohio has any similar law that works against original creditors. I don't know of any but check with a consumer lawyer in Ohio. As far as voicemails, if you revoked consent to call you and they are using a robo dialer, you may be able to sue under the TCPA (Telephone Consumer Protection Act). Again I would check with lawyer in your state -- www.consumeradvocates.org/find-an-attorney. Hopefully one of these laws will catch these guys so you can get some relief. Thanks for your good question and sorry having to deal with them. John

@Thickemz 2 жыл бұрын

@@johngwatts original creditors are not covered by it because we the natural persons are the original creditors

@jean-michelargentin208 5 жыл бұрын

Hi buddy, I have a question that concern me. All of my credit bureaus alert 🚨 that startled me.. I got a message from all 3 credit bureaus card holder had flagged your account as a over limit.. What dose that mean to credit companies and is that a negative on my report? Dose that mean that credit card won’t lending me money?

@johngwatts 5 жыл бұрын

I would call the credit card company. Sounds like your balance is over the credit limit. If you didn't do that, it might be your card has been stolen. I've never seen that type of alert before so either call the credit card company or the credit bureaus. Best wishes! John

@jean-michelargentin208 5 жыл бұрын

Alabama Consumer Protection Lawyers I already paid the over draft the bank had change for the yearly fee that put me over the limit.. But my question to you is: Dose that stay on my credit report? If so how long?

@johngwatts 5 жыл бұрын

I'm not sure -- I think it will not stay on except for this possible way. When you look at the credit card on your report it will have the current balance, credit limit, etc. It may show a "highest balance" that will exceed the current balance. That's a negative. So one way to fix this is to get a credit limit increase so it does not appear you have been over the limit. Hope that helps and best wishes John