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If you put an article about landlords and illegal lawsuits and collections, you would be flooded with responses. It is an area of collections that is hidden from you but very prevalent in NYC.
{ "entities": { "value": [ { "text": "If you put an article about landlords and illegal lawsuits and collections, you would be flooded with responses.", "start": 0, "end": 112 } ], "fact": [ { "text": "It is an area of collections that is hidden from you b...
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I agree with anoymousme, I am constantly called up to 5 times a day by numerous collectors for my kids bills. Why should we have to bothered. I gave my kids the message but they ignore it. They do not have a land line so they call me!!! On NEWYEARS I am dropping my land line which I have had for 40 years just to be rid...
{ "entities": { "value": [ { "text": "I agree with anoymousme,", "start": 0, "end": 24 }, { "text": "Why should we have to bothered.", "start": 110, "end": 141 }, { "text": "How long are parents responsible for deadbeat children...
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Only one out of my numerous collectors for my kids took me off their lists after I told them my son hasn' t lived with me for over 20 years. I also stated he owes me money also. My other 10 collectors keep calling but I quit answering because I recognize their phone numbers.
{ "entities": { "testimony": [ { "text": "Only one out of my numerous collectors for my kids took me off their lists after I told them my son hasn' t lived with me for over 20 years.", "start": 0, "end": 140 }, { "text": "I also stated he owes me money also.", ...
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I made a comment below and would like to know how to make them stop calling me for my deadbeat kids debt. I tell them either I will pass on the info or that I have no contact info for them. Only one collector took me off their list. I am still being harrassed by 10 others. I am being forced to drop my land line which I...
{ "entities": { "value": [ { "text": "I made a comment below and would like to know how to make them stop calling me for my deadbeat kids debt.", "start": 0, "end": 105 }, { "text": "I am still being harrassed by 10 others.", "start": 233, "end": 2...
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Most consumers have a bad taste in their mouth from the way that a select few agencies used to operate. And rightfully so. But look at it from the other side. If i owed you $1, 000 debt do you really think sending me a letter would do the trick? Would you attempt to call me to find out my intentions? My point is, agenc...
{ "entities": { "value": [ { "text": "Most consumers have a bad taste in their mouth from the way that a select few agencies used to operate.", "start": 0, "end": 103 }, { "text": "And rightfully so.", "start": 104, "end": 122 }, { ...
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Every validation notice should include, not only the name, but the address and phone number of the current owner of the debt. It is not always the case that the consumer knows who the owner of the debt is, or how to contact them. This would not be a burden on collection agencies, because it would only require the colle...
{ "entities": { "policy": [ { "text": "Every validation notice should include, not only the name, but the address and phone number of the current owner of the debt.", "start": 0, "end": 125 } ], "fact": [ { "text": "It is not always the case that the consu...
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Someone who lived at my address, more than 30 years ago had a debt with Household Finance. We get letters that we return " Addressee Unknown " and phone calls. Finally I called one number back and told them that the person they looked for wasn' t there. That law firm stopped robo-calling but a few months later a new on...
{ "entities": { "testimony": [ { "text": "Someone who lived at my address, more than 30 years ago had a debt with Household Finance.", "start": 0, "end": 90 }, { "text": "We get letters that we return \" Addressee Unknown \" and phone calls.", "start": 91,...
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I assume by " free to end " you meant the agency is on the hook for the charges incurred on that particular call. I think it would be well worth exploring. We do have situations where the consumer doesnt have a landline and refuses access to their cell. If we recieve a cease and desist order we note the account and ret...
{ "entities": { "value": [ { "text": "I assume by \" free to end \" you meant the agency is on the hook for the charges incurred on that particular call.", "start": 0, "end": 113 }, { "text": "I think it would be well worth exploring.", "start": 114, ...
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What I had in mind when I made this comment was that some debtors are in debt because of a medical condition that has negatively impacted their ability to work. They may be on Social Security disability for this reason. Sometimes, that medical condition is scientifically known to be aggravated by stress, such as any he...
{ "entities": { "value": [ { "text": "What I had in mind when I made this comment was that some debtors are in debt because of a medical condition that has negatively impacted their ability to work.", "start": 0, "end": 160 }, { "text": "They may be on Social Secu...
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We have no debt other than what is current on our credit cards, but for 10 or15 years we have been receiving robo calls for an Edward Flanigan. We' ve owned this number for 22 years and have never known an Edward Flanigan. We are on the do not call list. Robo calls by debt collectors need to be banned outright.
{ "entities": { "testimony": [ { "text": "We have no debt other than what is current on our credit cards,", "start": 0, "end": 63 }, { "text": "but for 10 or15 years we have been receiving robo calls for an Edward Flanigan.", "start": 64, "end": 14...
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I do not have any debt. I was given a telephone number by Verizon that was previously owned by a person who had not paid her bills. Debt collectors have been calling me for 10 years now and many have been threatening and intimidating. One collector told me he had all my personal information and was going to ruin my lif...
{ "entities": { "testimony": [ { "text": "I do not have any debt.", "start": 0, "end": 23 }, { "text": "I was given a telephone number by Verizon that was previously owned by a person who had not paid her bills.", "start": 24, "end": 131 }, ...
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E mail is good alternative but majority of the time it will go to junk or spam mail and the purpose not served. Regular mail with follow up on e mail be better
{ "entities": { "value": [ { "text": "E mail is good alternative", "start": 0, "end": 26 }, { "text": "and the purpose not served.", "start": 84, "end": 111 }, { "text": "Regular mail with follow up on e mail be better", ...
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I think that privacy concerns regarding account information are valid. Others knowing about collections should not weigh nearly as much as good-faith efforts of collectors to notify and collect outstanding debt.
{ "entities": { "value": [ { "text": "I think that privacy concerns regarding account information are valid.", "start": 0, "end": 70 } ], "policy": [ { "text": "Others knowing about collections should not weigh nearly as much as good-faith efforts of colle...
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we are bombarded with robo calls every day from early am to late evening with unidentified callers; no msgs left after answering machine kicks in; these types of calls should be barred unless msg left with identity of caller included and basis of call to include name of creditor and debtor included
{ "entities": { "testimony": [ { "text": "we are bombarded with robo calls every day from early am to late evening with unidentified callers;", "start": 0, "end": 99 }, { "text": "no msgs left after answering machine kicks in;", "start": 100, "end"...
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Periodically (probably when the debt has been sold) I receive harassing phone calls from collection companies regarding a believed debt that my nephew owes. I send him Christmas cards annually, see him at family gatherings every 5 years or so, and stopped contacting him about this harassment after he assured me it had ...
{ "entities": { "testimony": [ { "text": "Periodically (probably when the debt has been sold) I receive harassing phone calls from collection companies regarding a believed debt that my nephew owes.", "start": 0, "end": 156 }, { "text": "I send him Christmas cards...
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As someone who has dealt for over two years with a rogue collections company putting a debt I don' t owe on my credit report, I think these debt buyers should be disallowed by law. Legitimate third parties can operate, but these fly by night businesses who buy for pennies on the dollar without a care as to whether the ...
{ "entities": { "policy": [ { "text": "As someone who has dealt for over two years with a rogue collections company putting a debt I don' t owe on my credit report, I think these debt buyers should be disallowed by law.", "start": 0, "end": 180 }, { "text": "Legit...
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I recently discovered that my mortgage company does not have the note on my mortgage and they can not locate the note. I am current and have no concerns on reducing the payment. I have asked the mortgage holder what should we do. For the last 8 months they have sent us notices saying they are researching the issue.
{ "entities": { "testimony": [ { "text": "I recently discovered that my mortgage company does not have the note on my mortgage", "start": 0, "end": 84 }, { "text": "and they can not locate the note.", "start": 85, "end": 118 }, { ...
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My student loan company is giving me a ton of grief about allowing my husband to contact them regarding my student loan debt. I' ve filled out the same form about four times that is supposed to allow him to talk to them on my behalf but any time they decide that they don' t like dealing with him, they pull his authoriz...
{ "entities": { "value": [ { "text": "My student loan company is giving me a ton of grief about allowing my husband to contact them regarding my student loan debt.", "start": 0, "end": 125 }, { "text": "He is never rude with them,", "start": 383, "...
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I have been getting calls for a Hispanic gentleman with the same phone number as me in a different area code for years. Every time I tell them that I have no clue who he is and that I would like them to stop calling my number they assure me that they will get it fixed but then I hear from them again a few weeks later.
{ "entities": { "testimony": [ { "text": "I have been getting calls for a Hispanic gentleman with the same phone number as me in a different area code for years.", "start": 0, "end": 119 }, { "text": "Every time I tell them that I have no clue who he is and that I...
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Simplicity ought to be the guiding principle and Alternative #2 is closest to that principle, but expressions like " charge-off " should be avoided. That' s a technical term specific to accountants. Some average consumers just aren' t going to know what it means). Beginning with the amount owed on the date of default, ...
{ "entities": { "policy": [ { "text": "Simplicity ought to be the guiding principle", "start": 0, "end": 44 }, { "text": "but expressions like \" charge-off \" should be avoided.", "start": 94, "end": 148 }, { "text": "Any and a...
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I have been a frequent target of debt collectors and their phone calls for several years. The reason, clearly, is because I have a common last name. I do not have any debts. First, once a debt collector starts calling me, it is extremely difficult to get rid of them. One outfit called me a liar and kept calling. Anothe...
{ "entities": { "testimony": [ { "text": "I have been a frequent target of debt collectors and their phone calls for several years.", "start": 0, "end": 89 }, { "text": "I do not have any debts.", "start": 149, "end": 173 }, { "...
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I think that the CFPB should come up with a regulation that prohibits a creditor, and a debt collector, from sending the debt for collection to another debt collection company AFTER a consumer disputes the debt, or sends a " cease and desist " letter to the debt collection agency. In my cases that I worked on, a " ceas...
{ "entities": { "policy": [ { "text": "I think that the CFPB should come up with a regulation that prohibits a creditor, and a debt collector, from sending the debt for collection to another debt collection company AFTER a consumer disputes the debt, or sends a \" cease and desist \" letter to the d...
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For over 3 years I have been contacted by debt collectors for an alleged debt. I diligently send proof of payment and am ignored, and several months later a new firm sends the same letter re the same debt. The collector never responds, investigates or verifies the dispute. They should be forced to do so.
{ "entities": { "testimony": [ { "text": "For over 3 years I have been contacted by debt collectors for an alleged debt.", "start": 0, "end": 78 }, { "text": "I diligently send proof of payment and am ignored,", "start": 79, "end": 129 }, ...
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Your point is understandable; however the statement you referred to is known as the mini-Miranda. This statement is a requirement in a debt collector' s initial communication and in some states every communication). Typically, the validation verbiage is included in a sheet of it' s own with several other disclosures a ...
{ "entities": { "value": [ { "text": "Your point is understandable;", "start": 0, "end": 29 }, { "text": "As far as law being slanted against the consumer, I would disagree.", "start": 359, "end": 426 }, { "text": "The laws surr...
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E-Oscar was created by the credit reporting agencies due to a requirement that is outlined in the Fair Credit Reporting Act. This process is fully electronic save for the consumer' s ability to upload paper correspondence or documents for the debt collector/creditor to review. Additionally, the CFPB has published clari...
{ "entities": { "fact": [ { "text": "E-Oscar was created by the credit reporting agencies due to a requirement that is outlined in the Fair Credit Reporting Act.", "start": 0, "end": 124 }, { "text": "This process is fully electronic save for the consumer' s abili...
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Keep in mind, a cease and desist letter does not stop a debt collector from attempting to collect a debt, it only stops the debt collector from communicating with the consumer via whatever method the consumer requests the contact to stop. This does not mean a consumer no longer owes a debt. I do agree with the fact tha...
{ "entities": { "fact": [ { "text": "Keep in mind, a cease and desist letter does not stop a debt collector from attempting to collect a debt,", "start": 0, "end": 105 }, { "text": "it only stops the debt collector from communicating with the consumer via whatever...
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Consumers generally have no notice and do not know that a debt has been sold until checking their credit report or until a collection agency calls to collect a debt. Being notified of a debt being sold, would at least allow the consumer to verify who is actually the owner of a debt. I once paid a debt to a collection a...
{ "entities": { "value": [ { "text": "Consumers generally have no notice and do not know that a debt has been sold until checking their credit report or until a collection agency calls to collect a debt.", "start": 0, "end": 165 }, { "text": "Being notified of a d...
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that wouldn' t be very efficient. The FCRA does not allow reporting of a debt that is no longer being serviced by a creditor/collector. For example, if your creditor is currently reporting the debt but sells it to a debt collector, your creditor can no longer report on that debt. The buyer can, if he subjects himself t...
{ "entities": { "value": [ { "text": "that wouldn' t be very efficient.", "start": 0, "end": 33 } ], "fact": [ { "text": "The FCRA does not allow reporting of a debt that is no longer being serviced by a creditor/collector.", "start": 34, "...
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There are requirements for validating a debt to the customer set in the FDCPA. There are investigation requirements in other aspects of federal law when a consumer disputes. A debt cannot simply be created out of thin air. Agencies who engage in this sort of practice are usually stopped relatively quickly and fined qui...
{ "entities": { "fact": [ { "text": "There are requirements for validating a debt to the customer set in the FDCPA.", "start": 0, "end": 78 }, { "text": "There are investigation requirements in other aspects of federal law when a consumer disputes.", "star...
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This is precisely what lead to my filing bankruptcy. Debt buying and selling, made a debt that was 10 years old, reappear on my credit report. Each time I mentioned that the debt was time-barred. I was informed that the debt had been bought, and that the " clock " had been restarted.
{ "entities": { "value": [ { "text": "This is precisely what lead to my filing bankruptcy.", "start": 0, "end": 52 } ], "testimony": [ { "text": "Debt buying and selling, made a debt that was 10 years old, reappear on my credit report.", "start": 5...
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I understand your concern and desire to stop the calls that are not for you. No one should be spoken to with disrespect. I dislike the fact that there isn' t a clearinghouse of sorts for phone numbers that would help eliminate the needless calls. Of course how would you stop a responsible party from adding their number...
{ "entities": { "value": [ { "text": "I understand your concern and desire to stop the calls that are not for you.", "start": 0, "end": 76 }, { "text": "I dislike the fact that there isn' t a clearinghouse of sorts for phone numbers that would help eliminate the n...
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I have a 20 year plus debt. A couple of times I have refinanced and payed everything on my credit report. They never appear until it' s over. Every year they get a judgement against me and freeze my bank account putting me behind on my bills
{ "entities": { "testimony": [ { "text": "I have a 20 year plus debt.", "start": 0, "end": 27 }, { "text": "A couple of times I have refinanced and payed everything on my credit report.", "start": 28, "end": 105 }, { "text": "Th...
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I too am a family member of a consumer who claims to have paid his debt of 12-15 years ago, but my husband and I receive two or three calls a day asking for him to call various agencies about a " matter " with a case #. In one instance they said they would be at the door in one hour. This family member has not lived he...
{ "entities": { "testimony": [ { "text": "I too am a family member of a consumer who claims to have paid his debt of 12-15 years ago,", "start": 0, "end": 91 }, { "text": "but my husband and I receive two or three calls a day asking for him to call various agencie...
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I was just watching " CBS This Morning " and they mentioned that FICO is going to be partnering with more financial institutions to allow the financial institutions " customers to get their FICO score for free. FICO is already offered for free with many financial institutions, but now FICO is aggressively expanding thi...
{ "entities": { "testimony": [ { "text": "I was just watching \" CBS This Morning \"", "start": 0, "end": 40 }, { "text": "I have known about this ever since FICO put out a press release earlier this month.", "start": 375, "end": 458 } ],...
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Give Consumers Fair Notice and A Chance to Bid on Their Own Debts When Banks Sell Defaulted Obligations to Debt Buyers When a consumer falls behind on loan or credit card payments, the bank often " sells " the account to a debt buying company for a few pennies on the dollar. Debt buyers contribute nothing to society. Y...
{ "entities": { "policy": [ { "text": "Give Consumers Fair Notice and A Chance to Bid on Their Own Debts When Banks Sell Defaulted Obligations to Debt Buyers", "start": 0, "end": 118 }, { "text": "If a bank is going to sell a consumer \" s debt for pennies on the ...
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I agree with josephusmyer. Our son ran up small debts at several stores and banks around eight years ago. Debt-collectors (debt-buyers) have contacted him and threatened him with legal action on time-barred debts (without notifying him of the status).
{ "entities": { "value": [ { "text": "I agree with josephusmyer.", "start": 0, "end": 26 } ], "testimony": [ { "text": "Our son ran up small debts at several stores and banks around eight years ago.", "start": 27, "end": 105 }, ...
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Since the UCC and to the best of my knowledge, State laws do not define reasonable period of time, this is a problem and has been a problem for most lenders and third party collectors based on me experience of over 40 years. Consumers should be able to seek assistance from an attorney and be required to provide the att...
{ "entities": { "fact": [ { "text": "Since the UCC and to the best of my knowledge, State laws do not define reasonable period of time,", "start": 0, "end": 98 }, { "text": "While most attorneys do notify lenders and/or third party agencies some do not and some do...
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I used to have a lot of debt and told every single company that called to send me something in the mail. I paid every single debt that I received mail for. Years later someone went after me and me, not knowing the rules, got stuck with it. I still have not seen anything in writing to even verify what the debt is for-an...
{ "entities": { "testimony": [ { "text": "I used to have a lot of debt and told every single company that called to send me something in the mail.", "start": 0, "end": 104 }, { "text": "I paid every single debt that I received mail for.", "start": 105, ...
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They need to include the name of the original creditor as well as the account number and the brand name the consumer would recognize. Date and amount of last payment, copy of the last billing statement (supposedly) sent to the consumer. However I also think they need to send a copy of the original debt document with th...
{ "entities": { "policy": [ { "text": "They need to include the name of the original creditor as well as the account number and the brand name the consumer would recognize. Date and amount of last payment, copy of the last billing statement (supposedly) sent to the consumer.", "start": 0, ...
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I do not communicate with anyone I owe money to by phone. I want a written trail. It' s too easy for them to say I agreed to something or to give me misleading information by phone. I want it IN THE MAIL.
{ "entities": { "testimony": [ { "text": "I do not communicate with anyone I owe money to by phone.", "start": 0, "end": 57 } ], "value": [ { "text": "I want a written trail.", "start": 58, "end": 81 }, { "text": "It' s ...
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The burden of proof should be on the creditor. If you make the debtor responsible for following up with a request, it gives the creditor an opportunity to say they never received anything from the debtor... If they had to send the documents to start with, there would not be any question.
{ "entities": { "policy": [ { "text": "The burden of proof should be on the creditor.", "start": 0, "end": 46 } ], "value": [ { "text": "If you make the debtor responsible for following up with a request, it gives the creditor an opportunity to say they ne...
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The burden of proof cannot be placed anywhere else, JClark53. But, a disputed account is rare. Most people are aware of their obligations, but just cannot pay them now. Starting the process should be simple and clear to each party, not talk about judgments or disputes where it is unlikely that either apply.
{ "entities": { "value": [ { "text": "The burden of proof cannot be placed anywhere else, JClark53.", "start": 0, "end": 61 }, { "text": "But, a disputed account is rare.", "start": 62, "end": 94 } ], "fact": [ { "text":...
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Enlisting the help of an attorney or other intermediary should also be considered a dispute. I had both my attorney and my financial advisor contact my lender. Emails, phone calls and letters all constitute disputes. I think somehow it should be taken into account that a consumer may not know the specific cause of the ...
{ "entities": { "policy": [ { "text": "Enlisting the help of an attorney or other intermediary should also be considered a dispute.", "start": 0, "end": 92 }, { "text": "I think somehow it should be taken into account that a consumer may not know the specific caus...
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This so-called " validation notice " might better be called a' justification notice.' After all, the notification should supply the justification underlying the demand for payment; (" Why am I being asked to pay this money? "). This justification, obviously, should clearly specify the original transaction; i. e., speci...
{ "entities": { "value": [ { "text": "This so-called \" validation notice \" might better be called a' justification notice.'", "start": 0, "end": 85 }, { "text": "It' s not so much' additional information' which is required,", "start": 440, "end":...
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Our office throws a wide net around " disputes ". This is largely a hard one to define because it can take very specific and individual forms. Generally, however, the type of disputes we see center around when a debt buyer has purchased the debt and the consumer does not recognize the name of the debt buyer, they may g...
{ "entities": { "testimony": [ { "text": "Our office throws a wide net around \" disputes \".", "start": 0, "end": 49 } ], "value": [ { "text": "This is largely a hard one to define", "start": 50, "end": 86 }, { "text": ...
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Many disputes are difficult to investigate because it is unclear what the consumer' s dispute actually is. If the consumer is specific enough so that there is a clear item to research, we will do so. However, its a vague dispute such as " I dispute this debt " or " I don' t owe this debt " (which is incredibly common),...
{ "entities": { "value": [ { "text": "Many disputes are difficult to investigate", "start": 0, "end": 42 }, { "text": "because it is unclear what the consumer' s dispute actually is.", "start": 43, "end": 106 }, { "text": "If th...
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While Demand Letters can be ineffective for the purpose of collecting a debt, " notice is the hallmark of fairness. " It' s more important that people are held to standards, which, in turn, help to eliminate abusive practices. Procedural safeguards, like demand letters, are an important standard regardless of their eff...
{ "entities": { "value": [ { "text": "While Demand Letters can be ineffective for the purpose of collecting a debt,", "start": 0, "end": 77 }, { "text": "\" notice is the hallmark of fairness. \"", "start": 78, "end": 117 }, { "...
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I would like to have some protection from the calls I have received over several years from debt collection services looking for a woman who does not live at this address and has never lived at this address. I keep getting reassurances that my number will be removed, but the calls continue.
{ "entities": { "value": [ { "text": "I would like to have some protection from the calls I have received over several years from debt collection services looking for a woman who does not live at this address and has never lived at this address.", "start": 0, "end": 207 } ]...
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If a bank or loan company makes the installment loan and does collections itself, and the debt is not sold or turned over to a collection agency, then there is no reason for a notice to the consumers to recognize the debt. They have been making payments to the debt collector for months and already know about the debt. ...
{ "entities": { "value": [ { "text": "If a bank or loan company makes the installment loan and does collections itself, and the debt is not sold or turned over to a collection agency, then there is no reason for a notice to the consumers to recognize the debt.", "start": 0, "end": 22...
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I have the same exact problem. I have had this problem for 20 + years. I can' t tell you how many times I' ve told the person on the other end that the person they are looking for has NEVER lived here and not a relative. It sure is disgusting. I can' t figure out what to do.
{ "entities": { "testimony": [ { "text": "I have the same exact problem.", "start": 0, "end": 30 }, { "text": "I have had this problem for 20 + years.", "start": 31, "end": 70 }, { "text": "I can' t tell you how many times I' ve...
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It is mind-boggling that this has even been allowed to continue for so long. This should have been addressed years ago! Stop allowing the company to change names to continue poor practices. Stop allowing the companies to use hundreds of phone numbers to try to trick someone. Stop letting them block numbers so caller ID...
{ "entities": { "value": [ { "text": "It is mind-boggling that this has even been allowed to continue for so long.", "start": 0, "end": 76 }, { "text": "This should have been addressed years ago!", "start": 77, "end": 119 }, { "...
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You are a liar! I have been harassed for over 5 years by companies looking for someone I have never heard of because this person put a random string of our area code, local exchange and 4 numbers together (that turned out to be my number) on a loan that he then defaulted on. I have told them to stop calling, they have ...
{ "entities": { "value": [ { "text": "You are a liar!", "start": 0, "end": 15 } ], "testimony": [ { "text": "I have been harassed for over 5 years by companies looking for someone I have never heard of", "start": 16, "end": 108 }, ...
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Because it it the consumer' s phone and that is their right! Why should the consumer pay to be harassed?! Put the cost of doing this business where it belongs, which is on the companies not the consumers! I pay for my cell phone, I pay for the minutes, I am the person that will decide how they are used and who will cal...
{ "entities": { "fact": [ { "text": "Because it it the consumer' s phone", "start": 0, "end": 35 }, { "text": "and that is their right!", "start": 36, "end": 60 } ], "policy": [ { "text": "Why should the consumer pay to ...
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I have seen the " moderator " in the caller ID forum ask if it would be okay to put the company' s name on the caller ID because this could show to others around that the person has a debt and would then compromise the consumer' s privacy and security. Yet, there is a discussion to allow these calls at a consumer' s wo...
{ "entities": { "testimony": [ { "text": "I have seen the \" moderator \" in the caller ID forum ask if it would be okay to put the company' s name on the caller ID because this could show to others around that the person has a debt and would then compromise the consumer' s privacy and security.", ...
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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. "
{ "entities": { "fact": [ { "text": "Most companies have a strict \" NO PERSONAL CALLS \" policy;", "start": 0, "end": 58 } ], "policy": [ { "text": "hence the act should include a clause that \"... unless specifically allowed, in writing, by the debtor, a...
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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...
{ "entities": { "value": [ { "text": "While not specifically addressed in this website, the current punishment for violations of the FDCPA are practically teethless.", "start": 0, "end": 127 }, { "text": "100 is of little consequence to most companies.", "...
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I too, do not answer calls with no name, no number or 800 numbers. After over a year of unemployment and only able to get part time work, I had to give up my landline. I get repeated unknown calls on my cell, even though all creditors were sent written notices not to contact my cell number. I' m almost at a point that ...
{ "entities": { "testimony": [ { "text": "I too, do not answer calls with no name, no number or 800 numbers.", "start": 0, "end": 66 }, { "text": "After over a year of unemployment and only able to get part time work, I had to give up my landline.", "start...
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Dan says that the " Telephone Consumer Protection Act (TCPA) prohibits creditors from using automated dialing systems to call cell phone numbers without consent from the customer " and that sounds reasonable if that were true. I receive countless ro-bo calls on my cell, to which most never leave a message so there is n...
{ "entities": { "fact": [ { "text": "Dan says that the \" Telephone Consumer Protection Act (TCPA) prohibits creditors from using automated dialing systems to call cell phone numbers without consent from the customer \"", "start": 0, "end": 180 } ], "value": [ { ...
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Calls at work are too instrusive. Most companies, like mine, do not allow personal calls. Not all people have M-F 9-5 office jobs. If you work in a warehouse, a production line or as a cashier, you cannot take calls and it can cause issues with a supervisor. As someone who has answered a company phone, you can tell a c...
{ "entities": { "value": [ { "text": "Calls at work are too instrusive.", "start": 0, "end": 33 }, { "text": "My position on this is simple,", "start": 437, "end": 467 } ], "fact": [ { "text": "Most companies, like mine,...
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The collection agency is not required to actually validate the debt and provide information to the consumer. Example, I disputed a debt as valid. The return validation consisted of a one line sentence: " The consumer owes the debt. " This is not to me or to any reasonable person validation. The collection agency should...
{ "entities": { "fact": [ { "text": "The collection agency is not required to actually validate the debt and provide information to the consumer.", "start": 0, "end": 108 } ], "testimony": [ { "text": "Example, I disputed a debt as valid.", "start"...
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Failure to properly validate the debt as described by furnishing final billing statement and original application would invoke the consumer' s rights to have all further collection activity immediately barred and the ability of the consumer to have the debt IMMEDIATELY removed from their credit report. All too often it...
{ "entities": { "value": [ { "text": "Failure to properly validate the debt as described by furnishing final billing statement and original application would invoke the consumer' s rights to have all further collection activity immediately barred and the ability of the consumer to have the debt IMME...
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A credit reporting agency should be required to immediately comply with information regarding disputed debt and completely remove any reference to the debt. As an example, I am attempting to have a time barred paid lien removed from my Credit Report. 2 of the 3 bureaus immediately removed, 1 refuses to remove. I have s...
{ "entities": { "policy": [ { "text": "A credit reporting agency should be required to immediately comply with information regarding disputed debt and completely remove any reference to the debt.", "start": 0, "end": 156 } ], "testimony": [ { "text": "As a...
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I have one debt in the court. Here is my issue, I never received any paperwork saying there was a court date. I did receive a letter from my bank a month after the court hearing saying they received a garnishment notice. They could' ve saved the court costs since I already had told them I was unemployed. Secondly, afte...
{ "entities": { "testimony": [ { "text": "I have one debt in the court.", "start": 0, "end": 29 }, { "text": "Here is my issue, I never received any paperwork saying there was a court date.", "start": 30, "end": 109 }, { "text":...
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About a month after my husband left the military and before we even moved into a new place, a creditor called his parents and told them he was in the military with my husband and had papers that hadn' t been signed so he had to get in touch with him. My mother-in-law knew we didn' t have a phone yet, so because she tho...
{ "entities": { "testimony": [ { "text": "About a month after my husband left the military and before we even moved into a new place, a creditor called his parents and told them he was in the military with my husband and had papers that hadn' t been signed so he had to get in touch with him.", ...
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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.
{ "entities": { "policy": [ { "text": "Additionally, collectors should not be allow, under ANY circumstance, to use any method which would cost the conusmer money.", "start": 0, "end": 124 }, { "text": "For example, cellphones and texting should be banned complete...
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Many states currently have laws that make it illegal to engage in debt collection without being licensed to do so in the state. However, this does not stop debt collectors from violating these state laws and threatening to sue individuals, even though they legally cannot because they are unlicensed in the state. This i...
{ "entities": { "fact": [ { "text": "Many states currently have laws that make it illegal to engage in debt collection without being licensed to do so in the state.", "start": 0, "end": 127 }, { "text": "However, this does not stop debt collectors from violating t...
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I recommend that the option to bring a suit in the jurisdiction where the consumer signed the contract should be removed. In many situations, consumers may not actually sign a contract (e. g. credit cards), they may sign an agreement in a distant location (for medical payment at a hospital on vacation), or they may hav...
{ "entities": { "policy": [ { "text": "I recommend that the option to bring a suit in the jurisdiction where the consumer signed the contract should be removed.", "start": 0, "end": 121 }, { "text": "If there is a concern for protecting consumers in this particula...
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Attorneys are not exempted from the FDCPA, and most State Bars take reports of unethical conduct by attorneys very seriously. There is no need for additional regulation of attorneys.
{ "entities": { "fact": [ { "text": "Attorneys are not exempted from the FDCPA,", "start": 0, "end": 42 } ], "value": [ { "text": "and most State Bars take reports of unethical conduct by attorneys very seriously.", "start": 43, "end": 125 ...
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It sounds like you believe the creditor/debt collector' s attorney should be responsible for giving legal advice to the consumer (i. e. the opposing party). This is a serious conflict of interest and a violation of his duties to his client. Even worse, it sounds like you also want debt collectors who are NOT attorneys ...
{ "entities": { "value": [ { "text": "It sounds like you believe the creditor/debt collector' s attorney should be responsible for giving legal advice to the consumer (i. e. the opposing party).", "start": 0, "end": 156 }, { "text": "This is a serious conflict of ...
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I don' t understand, Mr. Bartmann you believe creditors should just wait until consumers feel like they can afford to pay? What if that takes years? Litigation preserves the creditor' s right to recover the money owed and allows it to be collected later, when the consumer is able to do so. If litigation cannot be used ...
{ "entities": { "value": [ { "text": "I don' t understand, Mr. Bartmann", "start": 0, "end": 33 }, { "text": "you believe creditors should just wait until consumers feel like they can afford to pay?", "start": 34, "end": 122 }, { ...
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Unfortunately, a few of the suggestions you made would actually violate the FDCPA. Debt collectors are not permitted to " overshadow " the validation notice by giving consumers deadlines, making demands for payments, or giving settlement offers. Further, I don' t believe consumers need a " sample " dispute notice. If t...
{ "entities": { "fact": [ { "text": "Unfortunately, a few of the suggestions you made would actually violate the FDCPA.", "start": 0, "end": 82 }, { "text": "Debt collectors are not permitted to \" overshadow \" the validation notice by giving consumers deadlines,...
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But private arrangement between these entities doesn' t change the fact that the money is still owed. Just because the original creditor took a loss on it, doesn' t change what is really due. Is it ethical for someone to rack up tens of thousands of dollars of debt and never pay it back?
{ "entities": { "fact": [ { "text": "But private arrangement between these entities doesn' t change the fact that the money is still owed.", "start": 0, "end": 101 }, { "text": "Just because the original creditor took a loss on it, doesn' t change what is really d...
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I think the requirement for a debt collector to send a validation notice 5 days after the initial contact is backwards. I believe communication between the debtor and debt collector would be improved if the debtor has the validation notice before the initial telephone contact. The debt collector should be required to m...
{ "entities": { "value": [ { "text": "I think the requirement for a debt collector to send a validation notice 5 days after the initial contact is backwards.", "start": 0, "end": 119 }, { "text": "I believe communication between the debtor and debt collector would...
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I think the issue you have identified here in this post is key-lack of financial literacy. So many people borrow money without reading contracts, without understanding the law, without considering the risks. We live in a society centered on immediate gratification, where people who can' t afford things just charge them...
{ "entities": { "value": [ { "text": "I think the issue you have identified here in this post is key-lack of financial literacy.", "start": 0, "end": 90 }, { "text": "So many people borrow money without reading contracts, without understanding the law, without con...
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The reason they can sell it for a fraction of what is owed is because the debt buyer is purchasing entire portfolios of bad debt. It spreads out the risk. If you can get a million other delinquent consumers to go in with you on a 10% offer, you could probably get them to take it. But it doesn' t make financial sense fo...
{ "entities": { "value": [ { "text": "The reason they can sell it for a fraction of what is owed is because the debt buyer is purchasing entire portfolios of bad debt.", "start": 0, "end": 129 }, { "text": "It spreads out the risk.", "start": 130, ...
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This option doesn' t make economic sense. Debt buyers do serve a practical purpose because they allow the creditor to unload a massive amount of debt at one time. The cost of negotiating individual deals with each of those 1 million delinquent consumers would negate the benefit they get from the consolidated offload. D...
{ "entities": { "value": [ { "text": "This option doesn' t make economic sense.", "start": 0, "end": 41 }, { "text": "Debt buyers do serve a practical purpose", "start": 42, "end": 82 }, { "text": "The cost of negotiating indivi...
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I agree that it benefits everyone when notice of sale or assignment is given to the consumer. I am not aware of any part of the industry other than mortgage servicers who presently give notice. The benefit is clear it reduces confusion, reduces the risk of misapplied/lost payments, and produces a clear chain of ownersh...
{ "entities": { "value": [ { "text": "I agree that it benefits everyone when notice of sale or assignment is given to the consumer.", "start": 0, "end": 93 }, { "text": "The benefit is clear", "start": 194, "end": 214 }, { "text...
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From a collection standpoint, I can tell you that many creditors would LOVE to check with the DMV to get current address information. Unfortunately, many privacy laws make that impossible. It' s also extremely common for people to fail to update their addresses either with their creditors or with the post office. Any l...
{ "entities": { "value": [ { "text": "From a collection standpoint, I can tell you that many creditors would LOVE to check with the DMV to get current address information.", "start": 0, "end": 133 }, { "text": "Any legitimate collector wants to find the right pers...
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The FICO impact on sold debts appearing twice needs to be addressed with the credit reporting agencies and the companies that create credit scores. Creditors have a right to report the status of a debt, and shouldn' t be precluded just because it already appears by the previous creditor. However, the double penalty aga...
{ "entities": { "fact": [ { "text": "The FICO impact on sold debts appearing twice needs to be addressed with the credit reporting agencies and the companies that create credit scores.", "start": 0, "end": 147 } ], "policy": [ { "text": "Creditors have a r...
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When debt collectors send that Validation Notice, they are required to state the creditor to whom the debt is owed. I think that is sufficient notice that the debt is being assigned for collection. I commented on the other thread that I DO believe notice should be given when the debt is sold. But if the current credito...
{ "entities": { "fact": [ { "text": "When debt collectors send that Validation Notice, they are required to state the creditor to whom the debt is owed.", "start": 0, "end": 115 }, { "text": "But if the current creditor is retaining ownership but just assigning it...
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This is entirely too much information to require. It' s not the job of creditors or collectors to send notices about " best practices " or personnel information. This thread is about notice that a debt is assigned to collection. NOT sold, but simply outsourced to someone who specializes in collecting past due debts. No...
{ "entities": { "value": [ { "text": "This is entirely too much information to require.", "start": 0, "end": 49 }, { "text": "It' s not the job of creditors or collectors to send notices about \" best practices \" or personnel information.", "start": 50, ...
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Breaking a promise to pay isn' t the same as breaking the law. We can' t keep comparing criminal law to civil law because it' s just not the same. But the item that' s missing here is the legitimacy of interest. Forget about big banks for a minute, and think about borrowing money from a friend or neighbor. When you kee...
{ "entities": { "value": [ { "text": "Breaking a promise to pay isn' t the same as breaking the law.", "start": 0, "end": 62 }, { "text": "We can' t keep comparing criminal law to civil law", "start": 63, "end": 113 }, { "text":...
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It' s important to understand that a Validation Notice (sent within 5 days pursuant to 1692g) is NOT a validation of debt. It' s a NOTICE of your right to validation, if you choose to invoke it. I do agree that there should be additional regulation around this issue. But part of the problem is the way the statute is wr...
{ "entities": { "fact": [ { "text": "It' s important to understand that a Validation Notice (sent within 5 days pursuant to 1692g) is NOT a validation of debt.", "start": 0, "end": 122 }, { "text": "It' s a NOTICE of your right to validation, if you choose to invo...
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Where in the adhesion contract does it state that the credit card agreement, an allegedly " unsecured " form of debt, takes priority over every single other occurrence that might happen in a person' s life? Are the Philippine hurricane victims or even more recent Tornado victims in the midwest who lost their homes and ...
{ "entities": { "fact": [ { "text": "Where in the adhesion contract does it state that the credit card agreement, an allegedly \" unsecured \" form of debt, takes priority over every single other occurrence that might happen in a person' s life?", "start": 0, "end": 206 }, ...
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What I mean is I have had my credit report cleared three times they were never on either of them. And when i think I have cleared all of my crediters they get a judgement and freeze my account.
{ "entities": { "testimony": [ { "text": "What I mean is I have had my credit report cleared three times they were never on either of them.", "start": 0, "end": 97 }, { "text": "And when i think I have cleared all of my crediters they get a judgement and freeze my...
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I just want to add that I am not advocating getting out of the debt because of a life changing event. I am advocating that the debt be frozen at the amount it was at the time of the involuntary default and then paid back even if it takes ten years.
{ "entities": { "value": [ { "text": "I just want to add that I am not advocating getting out of the debt because of a life changing event.", "start": 0, "end": 101 }, { "text": "I am advocating that the debt be frozen at the amount it was at the time of the invol...
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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).
{ "entities": { "policy": [ { "text": "I believe lawsuits should be initiated in the jurisdiction in which the consumer resides,", "start": 0, "end": 89 }, { "text": "and that the case should be subject to the laws of that jurisdiction, especially concerning the s...
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I agree that this is about Financial Literacy, However, this is also about the court' s enforcing completely one sided credit card adhesion agreements that don' t give the debtor/defaulter, rights of any kind, even in the most humanitarian of situations, thereby calling into question the legality of these one sided cre...
{ "entities": { "value": [ { "text": "I agree that this is about Financial Literacy,", "start": 0, "end": 46 }, { "text": "However, this is also about the court' s enforcing completely one sided credit card adhesion agreements that don' t give the debtor/defaulter...
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I believe the most significant problem is due to financial institutions having two systems that are not fully integrated. One is the system of record that contains account level information and the second is a charge off system that is used to track events that occur after the account is charged off. Events that occur ...
{ "entities": { "value": [ { "text": "I believe the most significant problem is due to financial institutions having two systems that are not fully integrated.", "start": 0, "end": 121 }, { "text": "This leaves a void as to the particular status after the account ...
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Though I do not agree with " someone to rack up tens of thousands of dollars of debt and never pay it back ". My current standing is that the laws of each and every state allow for higher interest rates to be charged for non-secured debt. This is because the lenders take more losses " the risk should be in alignment wi...
{ "entities": { "value": [ { "text": "Though I do not agree with \" someone to rack up tens of thousands of dollars of debt and never pay it back \".", "start": 0, "end": 109 }, { "text": "\" the risk should be in alignment with the award \".", "start": 28...
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Your point about the overshadowing is well taken. My comments are based upon suggested changes to the debt collection process. You are correct, if the FDCPA remained the way it is currently it may be considered a violation. The FDCPA allegedly is geared to the " least sophisticated individual ". However, I currently sp...
{ "entities": { "value": [ { "text": "Your point about the overshadowing is well taken.", "start": 0, "end": 49 }, { "text": "My comments are based upon suggested changes to the debt collection process.", "start": 50, "end": 126 }, { ...
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My client needs to see a particular doctor. When she called his office she was informed that she needed to pay on her account of $278. She was not even aware that she had a balance there she had never received a bill from this office and when she asked when this bill was from, the gal told her 1986. They claim they nev...
{ "entities": { "testimony": [ { "text": "My client needs to see a particular doctor.", "start": 0, "end": 43 }, { "text": "When she called his office she was informed that she needed to pay on her account of $278.", "start": 44, "end": 134 }...
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In order to get a default judgment through a State Court, a collector' s pleadings have to spell out the theory of their case (usually contract) with sufficient specificity that a reasonable person can understand the basis for the claim. Without some form of affidavit from the actual creditor, very few courts will awar...
{ "entities": { "fact": [ { "text": "In order to get a default judgment through a State Court, a collector' s pleadings have to spell out the theory of their case (usually contract) with sufficient specificity that a reasonable person can understand the basis for the claim.", "start": 0, ...
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Either State or Federal law should provide some penalty for passing an NSF or " closed account " check that includes a presumption of guilt. The check either bounced or it did not. There' s not a lot of grey area here. That said, either State or Federal law should also allow the drafter of the check a " safe harbor " w...
{ "entities": { "policy": [ { "text": "Either State or Federal law should provide some penalty for passing an NSF or \" closed account \" check that includes a presumption of guilt.", "start": 0, "end": 140 }, { "text": "That said, either State or Federal law shou...
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I was receiving 4 or 5 calls a day from Midland Debt Collection daily for two weeks on my cellphone. As I' m unemployed and scraping by I was ignoring-or rather trying to ignore-the calls. They were always hang-ups. Never any message. As I live in Indiana-a " business-oriented " state, it seems the laws favor the debt ...
{ "entities": { "testimony": [ { "text": "I was receiving 4 or 5 calls a day from Midland Debt Collection daily for two weeks on my cellphone.", "start": 0, "end": 100 }, { "text": "As I' m unemployed and scraping by I was ignoring-or rather trying to ignore-the c...
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I think the 9-8 is a typo. I have seen other typos on this site too, and they provide to FDCPA link that shows it is 8-9, so no big deal. On this topic though, I would like to see the 8-9 changed to 9-8. 8 is too early and 9 is too late at night to get phone calls.
{ "entities": { "testimony": [ { "text": "I think the 9-8 is a typo.", "start": 0, "end": 26 }, { "text": "I have seen other typos on this site too,", "start": 27, "end": 68 } ], "fact": [ { "text": "and they provide to ...
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I also don' t think that they should be able to call on Sundays. I understand that weekends are probably a good time to call people, but I think that weekend calling should be restricted to less hours (like maybe noon-5pm) and only on Saturdays. No Sunday phone calls.
{ "entities": { "policy": [ { "text": "I also don' t think that they should be able to call on Sundays.", "start": 0, "end": 64 }, { "text": "but I think that weekend calling should be restricted to less hours (like maybe noon-5pm) and only on Saturdays.", ...
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These so-called " Blue Laws " that prohibit cars lots being opened on Sundays and liquor being sold on Sundays, requiring the debt collection industry from closing down on Sundays (no calls, no letters, no contact) would not create any undo burden as many other regulated industries (car, liquor, gambling, etc) already ...
{ "entities": { "value": [ { "text": "These so-called \" Blue Laws \" that prohibit cars lots being opened on Sundays and liquor being sold on Sundays, requiring the debt collection industry from closing down on Sundays (no calls, no letters, no contact) would not create any undo burden", "s...
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I have a fairly common last name, and my listing in the phone book uses two initials rather than a first name. I get calls from credit collectors several times a week looking for various people with my last name and one or the other of my two initials. They are just taking a stab in the dark. When I tell them that I do...
{ "entities": { "value": [ { "text": "I have a fairly common last name,", "start": 0, "end": 33 }, { "text": "They are just taking a stab in the dark.", "start": 253, "end": 293 } ], "testimony": [ { "text": "and my list...
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I' m in the same situation--get calls about numerous people with my last name and one or the other of my two initials. None of the people being sought are even related to me, as far as I know, much less living with me. I would like to be able to make an official declaration that I have no delinquent debt and that I do ...
{ "entities": { "testimony": [ { "text": "I' m in the same situation--get calls about numerous people with my last name and one or the other of my two initials.", "start": 0, "end": 118 }, { "text": "None of the people being sought are even related to me, as far a...
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