Question on Comercial collection

Qtip · 08-18-2006, 02:36 PM

I know that the FCRA and FDCPA does not apply to comercial accounts. Is there a way that they could be made accountable for collection practices.

For example, CA calls consumer on his or her personal cell phone to inquire about the comercial debt that belonged to the corporation and was accumulated with no personal guarantee. Consumer does not own corporation however was a registered agent and tells CA that they are barking up the wrong tree and contacting the wrong person on a personal phone line.

Now the debt is comercial, but what is to stop them from calling the cell phone to collect this debt?

jlynn · 08-18-2006, 02:40 PM

Quote:

Originally Posted by Qtip

I know that the FCRA and FDCPA does not apply to comercial accounts. Is there a way that they could be made accountable for collection practices.

For example, CA calls consumer on his or her personal cell phone to inquire about the comercial debt that belonged to the corporation and was accumulated with no personal guarantee. Consumer does not own corporation however was a registered agent and tells CA that they are barking up the wrong tree and contacting the wrong person on a personal phone line.

Now the debt is comercial, but what is to stop them from calling the cell phone to collect this debt?

You would have to check with your state laws. However, how did he get the cell phone number. Is it the one supplied to the SOS since that person is the Registered Agent? The RA may also have a duty to notify the right person of this issue - you would have to check corporation laws.

hannah · 08-18-2006, 02:49 PM

I would also write a letter to the collector CMRRR of course telling them that phone calls to you on any phone are inconvenient and that as you are not responsible for the debt to cease and desist. Be polite but firm. If they call again after the letter is received it IS a violation of the FDCPA and perhaps your state laws if any apply because you ARE a consumer and not responsible for the debt.

jlynn · 08-18-2006, 03:14 PM

Quote:

Originally Posted by hannah

I would also write a letter to the collector CMRRR of course telling them that phone calls to you on any phone are inconvenient and that as you are not responsible for the debt to cease and desist. Be polite but firm. If they call again after the letter is received it IS a violation of the FDCPA and perhaps your state laws if any apply because you ARE a consumer and not responsible for the debt.

Good point, except an RA has certain duties and responsibilities.

hannah · 08-18-2006, 03:20 PM

Quote:

Originally Posted by jlynn

Good point, except an RA has certain duties and responsibilities.

Another good point, though an RA's duties are spelled out in their contract and rarely are those duties to pay a client's bills or be dunned for them unless of course it is a legal pleading to accept process on behalf of the client. The phone call to Qtip would probably fall under "location information" so the first one I don't think is actionable. Are you still an RA for that company?

centex · 08-18-2006, 03:39 PM

IF calls were coming on a routine basis to a personal cell phone not connected to the business, I would say a TRO ought to nip that n the bud. And a TRO can be obtained ex parte, and I would be willing to bet the other party won't show up for the hearing on a permanent injunction.

Qtip · 08-18-2006, 04:05 PM

Quote:

Originally Posted by centex

IF calls were coming on a routine basis to a personal cell phone not connected to the business, I would say a TRO ought to nip that n the bud. And a TRO can be obtained ex parte, and I would be willing to bet the other party won't show up for the hearing on a permanent injunction.

Excuse my ignorance, what is TRO?

jlynn · 08-18-2006, 04:35 PM

Temporary Restraining Order

Qtip · 08-18-2006, 05:14 PM

Holly crap, that would have never crossed my mind.

centex · 08-18-2006, 05:23 PM

Quote:

Originally Posted by Qtip

Holly crap, that would have never crossed my mind.

I know y'all are waiting to hear me say it, so say it with me...

IT ALWAYS PAYS TO THINK OUTSIDE THE BOX

jlynn · 08-18-2006, 05:42 PM

Centex, why do you think we have you here?

centex · 08-18-2006, 05:45 PM

Quote:

Originally Posted by jlynn

Centex, why do you think we have you here?

I always presumed it was for comic relief...

s/ fois gras

centex · 08-18-2006, 05:46 PM

jlynn · 08-18-2006, 05:48 PM

Well yeah, your wicked sense of humor is another reason

roybean · 08-18-2006, 06:09 PM

What they said, Qtip and yes I agree with Centex, YOU MUST THINK OUTSIDE THE BOX.
Case #1 that I am dealing with is a corporate debt that a collection agency tried to come after me for. The only charges I made were of a personal nature and I gave no personal guarantee.

See my thread on Botch Attorney. This is the case where it was just decided that we are going to trial because the judge ruled that I have indeed presented a trialable issue. I filed under 1692 e and d. I had other claims but this is what the judge has decided is triable.

If you did not give the personal guarantee, I would still evoke my rights and let the games begin.

What did Tower say once on AOC???

A lot of CAs will fight right up until it's time to go to trial and then make an offer to settle. In my case whether they offer to settle or not (cause I am on a mission now), I will appeal this and make precedent because I know I am right.