[codename_V]

With more collectors and credit bureau's to sue than ever!

Good grief, where should I start?

The JDB that likes to provide phantom addresses that don't exist (I'm not talking transposing a digit here or something, I am talking a construction site and a golf course) on my credit report (Google maps is sweet!)

Lets not forget about the CRA's that have reported this!

How about the CA that says they don't do investigations according to Texas law, yet still try to collect?

How about the CRA that just refuses to report my limit, despite clearly knowing what it is on a card...

So many lawsuits...so little time...

One thing I am thinking of how to really pursue is the fake address thingy:

Mail fraud?

False or misleading representation, obviously on the FDCPA side...

Willfully reporting inaccurate info, obviously on the FCRA side (you telling me you don't know where you work?)

Deceptive trade practice that usurps my FCRA and FACTA rights to dispute?

I am thinking it is an artful attempt to dodge mail as well, so since they are refusing certified mail, they presume to know what is in it, so if they verify it, they are continuing to collect as well.

So many angles to work it...

[Qtip]

Welcome to the site codename!

[centex]

Noticably absent from the list is any discussion of TFC, which of course also would open the door to the DTPA claim under the TxB&CC...which then opens the door to treble damages with no cap.

[codename_V]

I was looking over the DTPA actually last night....

Ok, I send my DV to the fako address.

It comes back underliverable, of course.

I thought you had to have actual damages to get the treble hit, though?

[roybean]

Originally Posted by centex

Noticably absent from the list is any discussion of TFC, which of course also would open the door to the DTPA claim under the TxB&CC...which then opens the door to treble damages with no cap.

No cap? I didn't know this.

[centex]

Remember...TFC only sets the FLOOR on the liability at $100. There is no ceiling. As to DTPA, everything is fair game, to include the ever-so-popular emotional distress and other vague claims. Many who routinely plead non-credit DTPA claims leave it to the judge to set the damages which are then subject to trebling.

And remember...it was through that method that Lenahan got slapped locally to the tune of six figures.

DTPA cases are obviously stronger when there are actual damages that can be shown, but there is also not a limit by statute to only actual damages.

As to the no-legitimate-address-having company...if it is a company doing business in Texas, then use the address on file with the SOS and that appears in the bond database. If the same address appears in the bond database, then I am equally certain that the SOS would be interested in hearing about that...as would their underwriter.

Remember...use all of the resources available...y'all know my mantra

[codename_V]

wait, I think I got it now, do the TFC minimums count as the basis for the treble damages?

Say $500 per claim x 3x?

[roybean]

Originally Posted by codename_V

wait, I think I got it now, do the TFC minimums count as the basis for the treble damages?

Say $500 per claim x 3x?

Why not $1000 x3? Especially if you can show willful negligence.

[jlynn]

Originally Posted by roybean

Why not $1000 x3? Especially if you can show willful negligence.

Roy, thats one of the differences between FDCPA and TX Finance Code. FDCPA says $1,000. TFC says MINIMUM $100. In order to treble under DTPA, I believe you HAVE to file under TX Finance Code.

[jlynn]

Something else Codename. Have you looked at the vicarious liability that can be attached to OC's under the TFC?

I've sent some letters to some, when I just wanted the DC to go away. It also works well in medical, when you really only want the OC to pull it back so you can pay them directly.

[centex]

Originally Posted by jlynn

Roy, thats one of the differences between FDCPA and TX Finance Code. FDCPA says $1,000. TFC says MINIMUM $100. In order to treble under DTPA, I believe you HAVE to file under TX Finance Code.

I'm of the opinion that you leave the federal claim out of the equation. File in State District Civil. The DTPA claim comes in due to a violation of TFC automatically being considered, by statute, a violation of the DTPA. TFC mirrors enough of the federal statute that there is no reason to bring the federal statute into play if all of the players are in Texas (as I believe the case is here).

When all of the parties are in Texas and the amount at issue is less than $75K, there is no reason that the case should be removed to federal and you not be in a position to have it remanded back to State.

listen to me carefully...it was a County Court at Law that slapped Lenahan to the tune of six figures.

[roybean]

Originally Posted by jlynn

Roy, thats one of the differences between FDCPA and TX Finance Code. FDCPA says $1,000. TFC says MINIMUM $100. In order to treble under DTPA, I believe you HAVE to file under TX Finance Code.

In my case, I did, however, I am not in texas (the CA is in TX), so I had to file in federal court and use the federal statutes.

BTW...didn't mean to jack your thread CV.

[centex]

Originally Posted by codename_V

wait, I think I got it now, do the TFC minimums count as the basis for the treble damages?

Say $500 per claim x 3x?

You would use whatever figure you thought you could ultimately persuade someone of...read what the statute allows for. Texas law is your friend

[codename_V]

I guess what I am asking is does the statutory amount count as the "actual damages" or should i Just go willy nilly adding in loss of consortium, headache's, embarassment, etc....

Also, you aren't the first person to suggest this, I know Dean Malone suggests doing the state TFC thing to avoid an offer for judgment from the opposing side.

I just worry that it appears to me the only big money sections specifcally stated are the parts about not validating on time, continuing to collect, etc... Which I do have...

I just don't want my numerous false/misleading representations to go by the wayside...

[centex]

Spend some time reading the Business and Commerce Code as well as the Finance Code. It really is self-explanatory. Remember...there was a six figure award to a single plaintiff that was handed down in my County. That alone ought to answer your question as to damages...

[roybean]

Originally Posted by centex

Spend some time reading the Business and Commerce Code as well as the Finance Code. It really is self-explanatory. Remember...there was a six figure award to a single plaintiff that was handed down in my County. That alone ought to answer your question as to damages...

May I ask what case this is? Send it to me please.

[centex]

Originally Posted by roybean

May I ask what case this is? Send it to me please.

I'll see if I can find the cause number in my notes...it was filed against Lenahan, and if I remember correctly, it was Travis County Court at Law #2 where it was heard. It's been a few years now...maybe 2002.

If I can't find it there, I will try and drift by the clerk's office since I have a self-surrender that is supposed to be in my office today that I need to walk over to the complex...

[roybean]

Lenahan? That sounds familiar......seems like I may have read it.