[direred]

Counsel asserts that because his client charged off my account in one year, they weren't subject to the FDCPA in a later year because there was no debt.

Despite the fact that they reported to CRAs that I owed it, told me in a letter I owed it, and then collected it from me, all in said later year.

I think that's pretty funny.

[Enigma]

Was this the OC or a third party?

[direred]

They bought the account in default, so third party.

[roybean]

Oh, a JDB uh? I am about to have my first dealings with one of those. Should be interesting.

[direred]

Well, not exactly. They did charge off my account after all.

Suffice to say that even Wells Fargo was recently determined to be a debt collector in a unpublished opinion in the 3rd. (Oppong v. First Union, decided in January)

Because it's in litigation, I don't really want to give too many details.

[hannah]

Under West Virginia statute any company collecting a consumer debt is a debt collector and subject to state consumer law.

[direred]

Originally Posted by hannah

Under West Virginia statute any company collecting a consumer debt is a debt collector and subject to state consumer law.

Same in California. In fact, Cal law incorporates huge chunks of the FDCPA by reference. The Oppong case, however, held that Wells was liable under the federal FDCPA.