If a consumer states that he disputes the debt, the debt collector should immediately cease ALL collection activity until the debt is validated. And, by validation, it needs to be more than "the name and social security information matches the creditor's records. The validation process should include a clear and complete copy of ALL DOCUMENTS that create the alleged obligation. If none is available, then the debt should be cancelled. Period.
The current rules seem adequate, with the possible exception that debt collectors must be required to follow the rule, or risk a loss of the suit due to jurisdictional issues.
Most companies have a strict "NO PERSONAL CALLS" policy; hence the act should include a clause that "...unless specifically allowed, in writing, by the debtor, a collector is barred from attempting to contact a debtor at his/her place of employment."
While not specifically addressed in this website, the current punishment for violations of the FDCPA are practically teethless. $100 is of little consequence to most companies. The law show be changed to all ow a 7 year statute of limitations (it is currently one year) and a maximum penalty, payable to the plaintiff, of either $10,000 or $100,000 for each violation.
Owing to the inherently non-private nature of the internet, NOTHING should be sent electronically. There is absolutely nothing wrong with continuing the use of the US Mail. However, the consumer should be free to allow the use of specific electronic communications, if they deem it proper. However, that should be specific; so that a collector cannot use Facebook, twitter, etc; only the specified means.
Additionally, collectors should not be allow, under ANY circumstance, to use any method which would cost the conusmer money. For example, cellphones and texting should be banned completely from calls from collectors.
I know this is not the proper venue, but I felt you should know that the email address listed on your contact page is not working; I have tried to send you material three times and it keeps getting bounced back to me with an invalid address message. The error message I get says that the mail cannot be sent to ga.regulationroom@cornellprod.onmicrosoft.com; I only used the address provided. Please reply via email with a valid email address. Thanks!
I believe lawsuits should be initiated in the jurisdiction in which the consumer resides, and that the case should be subject to the laws of that jurisdiction, especially concerning the statute of limitations. (Yes, I realize that a SOL defense is an affirmative one).
tommc4
1
If a consumer states that he disputes the debt, the debt collector should immediately cease ALL collection activity until the debt is validated. And, by validation, it needs to be more than "the name and social security information matches the creditor's records. The validation process should include a clear and complete copy of ALL DOCUMENTS that create the alleged obligation. If none is available, then the debt should be cancelled. Period.
View this comment in the discussion thread
tommc4
2
The current rules seem adequate, with the possible exception that debt collectors must be required to follow the rule, or risk a loss of the suit due to jurisdictional issues.
View this comment in the discussion thread
tommc4
3
Most companies have a strict "NO PERSONAL CALLS" policy; hence the act should include a clause that "...unless specifically allowed, in writing, by the debtor, a collector is barred from attempting to contact a debtor at his/her place of employment."
View this comment in the discussion thread
tommc4
4
While not specifically addressed in this website, the current punishment for violations of the FDCPA are practically teethless. $100 is of little consequence to most companies. The law show be changed to all ow a 7 year statute of limitations (it is currently one year) and a maximum penalty, payable to the plaintiff, of either $10,000 or $100,000 for each violation.
View this comment in the discussion thread
tommc4
5
That should be $1000 not $100. Sorry I missed that!
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tommc4
6
The use of false information, INCLUDING the name and/or number, in caller ID should be illegal. period.
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tommc4
7
Owing to the inherently non-private nature of the internet, NOTHING should be sent electronically. There is absolutely nothing wrong with continuing the use of the US Mail. However, the consumer should be free to allow the use of specific electronic communications, if they deem it proper. However, that should be specific; so that a collector cannot use Facebook, twitter, etc; only the specified means.
View this comment in the discussion thread
tommc4
8
Additionally, collectors should not be allow, under ANY circumstance, to use any method which would cost the conusmer money. For example, cellphones and texting should be banned completely from calls from collectors.
View this comment in the discussion thread
tommc4
9
The FDCPA should be above ALL state and local law. Period.
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tommc4
10
I know this is not the proper venue, but I felt you should know that the email address listed on your contact page is not working; I have tried to send you material three times and it keeps getting bounced back to me with an invalid address message. The error message I get says that the mail cannot be sent to ga.regulationroom@cornellprod.onmicrosoft.com; I only used the address provided. Please reply via email with a valid email address. Thanks!
View this comment in the discussion thread
tommc4
11
I believe lawsuits should be initiated in the jurisdiction in which the consumer resides, and that the case should be subject to the laws of that jurisdiction, especially concerning the statute of limitations. (Yes, I realize that a SOL defense is an affirmative one).
View this comment in the discussion thread