Stop Debt Collectors in Virginia

Posts Tagged ‘telespoofing’

It is legal to record phone calls, but we advise that you do not, and we suggest that this article is a good starting point on why not.

A summary of Herring and Watts article is that in some states where collectors operate, it is illegal to record without the consent of all parties, and it is not strictly necessary- your testimony is admissible.

Virginia law is that any party to a conversation may record.  VA Code §19.2-62.

Federal law is that any party to a conversation may record.  18 U.S.C. §2511.

There are 10 states that require that all parties to a conversation must consent, or the recording is criminal.  California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington each require the consent of all parties to record.  The balance allow anyone who is a party to the conversation to record.

In ALL states and by Federal law, recording a conversation that you are not a party to (eg: recording your next door neighbor’s conversation) is criminal.  There are exceptions in criminal justice, when the government obtains a warrant for a wiretap, but generally, it is illegal.

It is often very difficult to determine what state the collector is located.  Further, even if you are located in a 1 party state, and they are located in a 2 party state, the question then becomes what law applies.

As a result, we agree with Herring and Watts, and say that even though it is legal, we advise that you should not record your conversations. In the event that you do record, we advise that you disclose that you are recording, and tell the collector that by staying on the phone that they are consenting to being recorded.

Your notes of a call are perfectly good records of what happened.  Here is a link to a form for tracking calls, and making notes of what happened.

Also, you can have other people listen to your side of the conversation, or even participate in the conversation.

If you have been impacted by anything we mentioned here, you can make an appointment to see us.

NO FEE IN YOUR FDCPA CASE UNLESS WE RECOVER!!

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.

YOU MUST BE A VIRGINIA RESIDENT.

If you are not a Virginia Resident, click here to find a lawyer near you.

OUR LEGAL FEES:

The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.

Contact us by e-mail or by telephone or fax or US Mail.

You can call us: 804.303.0204

You can fax us: 804.303.0209

You can contact us by US MAIL:

Krumbein Consumer Legal Services, Inc.

5310 Markel Rd.

Suite 102

Richmond, VA 23230

The Virginia Payday Lender Act (VPLA), §6.2-1800 et seq., is a statute created to regulate the way payday lenders in the Commonwealth do business, and to protect consumers from unfair practices.

The VPLA governs the conduct of payday lenders. The law defines a “payday loan,” and then regulates the behavior of persons who “engage in the business of making payday loans.” A payday loan, then, is defined as a “small, short-maturity loan on the security of” a check, a bank account, or your income.

Businesses that make payday loans are required by the VPLA to register with the State Corporation Commission. Under the statute, this also includes payday lenders on the internet doing business in Virginia. Payday lenders are also required under the Act to follow rules regarding the loans that they make to consumers.

First, the VLPA set limits on the interest rates that a payday lender can charge. (These interest rates can vary depending on other statutes, though; for example, interest rates for active duty military personnel are different).  It also limits the fees that they can build into the agreement. Also, consumers have the RIGHT to start making payments (with a minimum of $5) before the date the loan is due without penalty.

Furthermore, there are additional rules regarding how the payday lenders can treat a consumer when they’re collecting on the loan. Like the federal Fair Debt Collection Practices Act, the VPLA prohibits harassment or abuse, false or misleading statements, and unfair collection practices.

If a payday lender violates any of the rules outlined above, the consumer is entitled to bring suit in Virginia state court. The law entitles a consumer to actual damages, statutory damages, attorneys’ fees, and court costs. In addition, any written agreement terms that violate the VPLA are unenforceable against the consumer.

Don’t let payday lenders take advantage of you. You have RIGHTS and you should exercise them. At Krumbein Consumer Legal Services, we want to be your advocate. We will stand up to the lenders on your behalf to make sure that your rights aren’t violated, and that you get compensated when they go too far.

YOU MUST BE A VIRGINIA RESIDENT.

If you are not a Virginia Resident, click here to find a lawyer near you.

OUR LEGAL FEES:

The rights afforded to you, as a consumer, under the VPLA and the VCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.

Contact us by e-mail or by telephone or fax or US Mail.

Krumbein Consumer Legal Services, Inc.
5310 Markel Rd. Suite 102
Richmond, VA 23230
804-303-0204
804-303-0209 (fax)

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.

YOU MUST BE A VIRGINIA RESIDENT.

If you are not a Virginia Resident, click here to find a lawyer near you.

The Fair Debt Collection Practices Act is designed to protect consumers from abusive or harassing conduct, false or misleading statements or unfair act by Debt Collectors.

What is “unfair or unconscionable” under the Fair Debt Collection Practices Act?

As usual, we start with the statutory definition.  Thanks to LII.

15 USC §1692c prohibits a collector from communicating with third parties that you owe a debt.

15 USC §1692d prohibits collectors from using abusive means to collect a debt, including

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(6) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller’s identity.

15 U.S.C. §1692e says a debt collector may not use any false, deceptive, or misleading . . . means to collect a debt, including

(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

(14) The use of any business, company, or organization name other than the true name of the debt collector’s business, company, or organization.

15 U.S.C. §1692f says a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt.  Including–

(5) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.

What does this mean for you?

It means that a debt collector CAN collect by text message IF they comply with all of the rules of the Fair Debt Collection Practices Act.  But they are very limited, when they have a limit of 140 characters.

If they only have 140 characters to communicate, and they must 1-disclose their identity, 2-that they are debt collectors, and 3-that they are collecting a debt, all 4-without causing you to be charged a fee, and 5-without disclosing to a 3^rd party that you owe a debt, that’s pretty hard.  The Fair Debt Collection Practices Act is strict liability, which means that if they violate ANY provision, that they can be sued.  It is similar in this fashion to the speed limits in the United States.  Neither the police officer or the judge cares WHY you were going 40 when the speed limit was 35, they only care THAT you were going 40. You have to pay the fine.  Similarly, the Fair Debt Collection Practices Act says that they are not permitted to violate one provision in order to avoid violating another section. (See: Edwards v. Niagra Credit, (11^th Cir)).    If the violate any provision, they must pay the fine.

Read next time about damages- both actual and statutory.

If you have been impacted by anything we mentioned here, you can make an appointment to see us.

NO FEE IN YOUR FDCPA CASE UNLESS WE RECOVER!!

OUR LEGAL FEES:

The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.

Contact us by e-mail or by telephone or fax or US Mail.

You can call us: 804.673.4358

You can fax us: 804.673.4350

You can contact us by US MAIL:

Krumbein Consumer Legal Services, Inc.

1650 Willow Lawn Drive

Suite 300

Richmond, VA 23230

KCLS LIMITS THE GEOGRAPHY IN WHICH WE TAKE CASES.

YOU MUST BE A VIRGINIA RESIDENT.

If you are not a Virginia Resident, click here to find a lawyer near you.

The Fair Debt Collection Practices Act is designed to protect consumers from abusive or harassing conduct, false or misleading statements or unfair act by Debt Collectors.

What is TeleSpoofing and is it “false and misleading” under the Fair Debt Collection Practices Act?

TELESPOOFING IN COLLECTIONS

As usual, we start with the statutory definition.  Thanks to LII.

15 U.S.C. §1692d says

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

. . .

(6) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller’s identity.

15 U.S.C. §1692e says

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:

. . .

(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

. . .

What does this mean for you?

Knoll v. IntelliRisk Management Corporation, 2006 U.S. Dist. LEXIS 77467 (Lexis citation), 2006 WL 2974190(parallel WestLaw citation) (D. Minn. October 16, 2006), says that when a debt collector misrepresents his phone number (by TELESPOOFING) it is a misrepresentation of the identity of the caller, and therefore a misrepresentation that violates the Fair Debt Collection Practices Act.  15 U.S.C. §1692e[10]  It also explains that the debt collector must meaningfully disclose his identity, and by misidentifying themselves be TELESPOOFING, they are not meaningfully disclosing their identity.  15 U.S.C. §1692d[6].

Debt collectors are allowed to use aliases, under some circumstances.  For example, if they have a way to backtrack to determine who called, that would be permissible.

On the other hand, when they refuse to identify the name of the company they work for, they are not meaningfully disclosing their identity, and they are using a false and misleading means to collect a debt.

NON COLLECTIONS TELESPOOFING

But collections are not the only time we need to worry about TELESPOOFING.  Scammers come in all types.  There was a recent new story on my local Fox affiliate, in which they talked about telespoofing.  There are a number of companies that provide the services, and the scammer can appear to be anyone they want to be.  They can be your friend, your neighbor, your child or grandchild.  And they often will ask for money.

In the story on the news, a local lady had a call from someone who said he was her grandson and he had been in an accident, and he needed $5,000.00.  The Caller ID showed that it was from a hospital.  So, she was all too happy to send money to her “grandson”.  Only afterwards, did she realize that it was all a scam.

Can we get that money back?  Maybe, but that will depend on if we are able to identify the culprit.  It is easier with a debt collector, because they will either eventually tell you who they really are, or they will have you send the money somewhere.  But if they have you send the money by Western Union, or other wire service, it may be all but unreachable.

Stay tuned and come visit us NEXT WEEK when we talk about COMMUNICATING WITH THE CONSUMER in collection practices.

If you have been impacted by anything we mentioned here, you can make an appointment to see us.

NO FEE IN YOUR FDCPA CASE UNLESS WE RECOVER!!

OUR LEGAL FEES:

The rights afforded to you, as a consumer, under the FCRA and the FDCPA means that a corporation or party who has violated your rights may ultimately be made to pay for statutory damages, actual damages, and your legal fees. Therefore, if we agree to represent you in any case, you won’t pay any attorney’s fees unless we are successful and we recover on your behalf. We are here to serve and have assisted many consumers TO enforce their legal rights. Let us try and see if we can help you too. That means you pay no fee in your case unless we recover.

Contact us by e-mail or by telephone or fax or US Mail.

You can call us: 804.673.4358

You can fax us: 804.673.4350

You can contact us by US MAIL:

Krumbein Consumer Legal Services, Inc.

1650 Willow Lawn Drive

Suite 300

Richmond, VA 23230