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The FDCPA is the Federal Governing Law that ALL debt collectors MUST abide by. That does not mean SOME debt collectors, “ALL of them”!
Lets look at the issue:
Does a consumer have to submit any and all disputes in writing? NO
Why? Under Section 803 (2) the term “communication” means the conveying of information regarding a debt directly or indirectly to any person through any medium.
Notice the word “ANY”, that is the key to the FDCPA AWARDS IN COURT MY FRIENDS. THE MINUTE THAT THEY DEMAND THAT YOU DO THAT, THEY ARE IN VIOLATION. IT IS UNDER THE “LEAST SOPHISTICATED CONSUMER STATUTES”
Next, if you talk to a debt collector and do not RECORD the conversation, you are out of your mind.
So, If you have a recording with your voice stating ” This is an official notification that I dispute the debt that you are collecting on and I hereby Cease and Desist you from collecting on this account… The ONLY option that they have is to sue. Not going to happen, as their contract on contingency debt precludes this.
Take the recording of the call and immediately file a Federal Action EVERY SINGLE TIME… In 60 Days. You will have NO DEBT and a 700 FICO (that’s how we do it Win Percentage /100 percent).
Example of Recording!
Today a lady called me saying a Collection Law Firm was calling her about a debt. I said well have you disputed the claim. She said No, I said well lets give them a call…
While on the phone with the debt collection lawyer firm. The debt collector said to the consumer “send all your disputes in writing”, I said wrong it doesn’t have to be in writing cause information can be given directly or indirectly through any media. Then they hung up!
Now lets look at how the (fdcpa) law defines and applies in this case…
803 (2) The term “communication” means the conveying of information regarding a debt directly or indirectly to any person through any medium.
1. LOOK AT HOW THE LAW DEFINES “COMMUNICATION” TO ANY “PERSON” THROUGH ANY “MEDIUM”
OKAY ANY PERSON MEANING “VANCE ” “MICHEAL JACKSON” “OBAMA” “BUSH” ANY PERSON….
2. LOOK AT HOW THE LAW SAYS “MEDIUM”
“MEDIUM” IN THESE TERMS WOULD MEANS TEXT MESSAGES, PHONE CALLS, IN WRITING, IN PERSON ETC… HOW EVER I CHOOSE TO COMMUNICATE WITH A DEBT COLLECTOR.
809 (b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer request the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection (a) of this section unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer’s right to dispute the debt or request the name and address of the original creditor.
807 states: A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
807…. IS PRETTY CLEAR DEBT COLLECTORS HAVE TO BE HONEST AND UP FRONT AT ALL TIMES.
NOW MY NEXT QUESTION IS DOES A DISPUTE HAS TO BE IN WRITING FROM WHAT THE LAW SAYS.
809(b) If the consumer notifies the debt collector in writing within the thirty-day period…
LOOK AT THE WORD “IF” IF ONLY IMPLIES OPTIONS
FOR EXAMPLE, A BOY WALKS UP TO HIS DADDY AND SAYS “DAD CAN I GO OUT SIDE” AND THE DAD REPLYS BACK WITH “IF” YOU CLEAN UP YOUR ROOM YOU CAN GO OUT SIDE…
THE OPTIONS ARE IF THE SON CLEANS HIS ROOMS HE CAN GO OUTSIDE IF NOT HE STAYS IN
The question is: