Tuesday, April 12, 2005
CREDITWRENCH and the FDCPA Part 187
CREDITWRENCH CEO Bill Bauer is being contacted by a collection agency because of his inability pay even the $50.00 minimum payment on his credit card.
Taking his immoral approach of failing to live up to his legal obligations to the next level, he now publicly admits he is attempting to entrap the collector into FDCPA violations. This public information can now be used by the collection agency as a defense in any FDCPA lawsuit.
Yesterday, CREDITWRENCH CEO Bill Bauer posted a recording of his latest conversation with the collector, and claims the collector committed 2 FDCPA violations. Let's examine CREDITWRENCH CEO Bill Bauer's false and misleading interpretation of these alleged violations.
1. Using a false identity.
Collectors quite commonly use alias's or "desk names" as they're known. The purpose of this is to protect the privacy of the collectors personal information from the people they contact. The courts have ruled this is permissable, and not a violation of the FDCPA.
2. Overshadowing.
Continuted collection activity during the 30 day validation period is not overshadowing. In fact, a lawsuit can even be filed against a debtor during the 30 day validation period. The courts have ruled this is not overshadowing as the 30 day validation period is not a grace period in which collection activity must stop.
CREDITWRENCH CEO Bill Bauer stating the collector contacting him yesterday committed violations of the FDCPA is false and misleading.
Taking his immoral approach of failing to live up to his legal obligations to the next level, he now publicly admits he is attempting to entrap the collector into FDCPA violations. This public information can now be used by the collection agency as a defense in any FDCPA lawsuit.
Yesterday, CREDITWRENCH CEO Bill Bauer posted a recording of his latest conversation with the collector, and claims the collector committed 2 FDCPA violations. Let's examine CREDITWRENCH CEO Bill Bauer's false and misleading interpretation of these alleged violations.
1. Using a false identity.
Collectors quite commonly use alias's or "desk names" as they're known. The purpose of this is to protect the privacy of the collectors personal information from the people they contact. The courts have ruled this is permissable, and not a violation of the FDCPA.
2. Overshadowing.
Continuted collection activity during the 30 day validation period is not overshadowing. In fact, a lawsuit can even be filed against a debtor during the 30 day validation period. The courts have ruled this is not overshadowing as the 30 day validation period is not a grace period in which collection activity must stop.
CREDITWRENCH CEO Bill Bauer stating the collector contacting him yesterday committed violations of the FDCPA is false and misleading.
