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First question I got is How do I pay my Monterey County Bank Discover Card account over the internet? Thanks for any response. My 2nd question... Ive been trying to search both here and online but having trouble locating something that I can use as evidence to take two places to court (ideally looking to cite a court case ruling).. |
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That's a good question. I'm not sure what is the answer. I'll do some research and get back to you if I got an anything. You should email the people at Discover Card as they probably could give you an answer..
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...which might work unless they have been notified the time zone where the calls are being received is otherwise..
Also, since this is a cell phone they are calling, you need to invoke your TCPA rights. Tell them they do not have your consent to call your cell phone using an auto-dialer and if you did consent, you are revoking that consent. This will make auto-dialer calls to your cell phone a $1500 violation per call... |
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I have spoken to a supervisor on the phone regarding the time zone difference and was assured there would be no more calls, and if there were, they would definitely not be after 9pm... two days later is when they started again after 9pm..
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DON'T SPEND IT BEFORE YOU GET IT.
This post has been edited by GEORGE: 08 February 2010 - 01:26 PM.. |
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If the caller claims to be a collection agency for BML than they are subject to the FDCPA..
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Its not a cell phone... it's a VOIP line, aka Home phone over the internet...
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Nope, they call on my cell too. when I am gone I have my phone line forward to my cell phone, they must of wrote down the number because they call my house, then my cell, then my house again..
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Some people here act like SMALL CLAIMS COURT IS A CAN'T LOSE DEAL.
Like they block the door and they are on their knees BEGGING you to not go inside and they have a cashiers check in their pocket for $1,500 and they are almost ready to if you make them go into court..... |
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I would say that if the claims add up enough it's worth the dispute (pending review of your evidence), but nothing is guarenteed. I think you are right tho George in that it is easy to spot a violation and say I would sue - but that doesnt make it a gurenteed win...
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100% win might not even happen.
Some have also reported many violations and the judge made it into one single one.. |
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Also check the TCPA and state specific laws about calling once notified that they are calling a cell phone (even forwarded).
Heads up people. No one is telling the OP to sue sue sue, the OP asked for information about suing. Unfortunately for us, enforcement of these particular laws is left up to the consumer. So, if you believe you have a case and you want to take them to court for statutory violations, just ignore the naysayers... |
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Who said anything about small claims? Or court, for that matter?.
A well crafted ITS delivered to the right people usually does the trick.. Edit: Aaaand it keeps you from being flagged as a 'litigious consumer'.. This post has been edited by fdj: 08 February 2010 - 03:22 PM.. |
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I can only go by what others have said.
And as far as ITS...good luck on that. (few if any follow through on the threat and they know it).. |
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OP You need to send them a CMRR and tell them that all calls are inconvenient and you can only be reached by US Mail. once they have that, then you can start raking up the violations. Just because you told a supervisor doesn't mean jack squat. CA will like 102% of the time. You have to start a paper trail on this before taking this up w/ an attorney..
This post has been edited by beli: 08 February 2010 - 03:33 PM.. |
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As someone that actually has experience on the subject, I've had great luck with ITSs..
This post has been edited by fdj: 08 February 2010 - 04:29 PM.. |
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There is a time and place, but when the other side lumps the legitimate litigious consumers in the same category as the LizardKings, it can be a bad thing..
Be mindful of thine opponent, is all I'm sayin'... |
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OK...the tons of people who have NOT followed through and didn't have luck are lying???..
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START ASKING....
I got the information HERE and "CR" and "CN".. |
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HOW WHAT WORKS???.
I state FACTS from others and you call them LIES???.. |
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Stating "facts" from someone else makes them no longer facts since the people you're "quoting" aren't here to answer any questions about what they were doing and how they were doing it. It's called hearsay..
I didn't call them lies. That was your word. You claimed there were "tons of people" that would corroborate your statements. Bring them in so we can help them see what they were doing wrong... |
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Simply in the FDCPA..
No calls before 8am or after 9pm, your time zone, not theirs. No if, and's or Butt's about it.. Area code is irrelevant... |
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I imagine that if they are using an autodialer that determines when it is 9pm in your time zone by the area code they will not simply fix the issue since it would likely require 1 of 2 things..
1.) reprogramming there entire system to determine time zone by your entered address (if they have it). 2.) removing your phone number from the auto dialer. If this is the case it could prove quite lucritive. I might send them a letter or two (CMRR) stating that you have a CA phone number but you do not live in CA and that 9pm your time is determined by time zone "XXX", that it is extremely inconvenient for you to receive calls after this time (don't say don't call me at all - at least not yet) and that further violations of the FDCPA will not be tollerated.. Than let the charges rack up for a while and finally cash in.. Just my thought...... |
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Write them a CMRR LC&D, that should STOP the calls, if not, contact a lawyer. Just telling them to stop calling isn't good enough with Ca's you need to write them a CMRR,.
As far as BML, they're the OC and are not bound by FDCPA, but they may be held to your state laws if you have something similar on the books as well as another law but the name escapes me now... too early in the morning for me to be up. I'm sure someone will post it soon.. |
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Yeah that's absolutely a violation of the FDCPA. They should know that calls during these times are inconvenient and is a form of harassment. You can file a complaint at FCC...
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Since your line is VOIP, can you block calls from the number via your provider?.
This post has been edited by kevinkev99: 08 February 2010 - 07:56 AM.. |
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Your CMRRR letter needs to say that the calls are inconvenient...
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BML is not subject to the FDCPA..
As to the other entities, they WILL advance bonafide error given that it IS a PST area code... |
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LIMITED C&D (if they know how to read).
NO PHONE CALLS PERIOD. Why would anybody answer the phone that late at night anyway. Unless the CALLER ID had a name you know and they wouldn't ever call that late at night unless it was VERY IMPORTANT. This post has been edited by GEORGE: 08 February 2010 - 11:44 AM.. |
