You are protected under several federal laws below. Scroll down to learn more about debt collection harassment, robocalls, unauthorized electronic payments, and credit report problems.
Fair Debt Collection Practices Act (FDCPA):
The FDCPA has been around since 1977. The FDCPA is a federal law that applies to every state. In other words, everyone is protected by the FDCPA. The FDCPA is essentially a laundry list of what debt collectors can and cannot do while collecting a debt, as well as things debt collectors must do while collecting a debt.
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Damages:If a collection agency violates any section of the FDCPA, the consumer is entitled to damages up to $1,000.00. Additional damages are warranted in cases where the collector’s collection activities were so egregious the consumer suffered emotional distress. 99% of cases do not involve emotional distress damages.
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Attorney’s fees: The FDCPA has a fee-shift provision. This means, the collection agency pays the consumer’s attorney’s fees and costs.
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Debt that is covered by the FDCPA: Only consumer debt, such as personal, family, and household debts. For example, money you owe on a personal credit card, an auto loan, a medical bill, or a utility bill. The FDCPA does not cover debts you incurred to run a business, debts regarding unpaid taxes, or traffic tickets.
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The FDCPA only applies to 3rd-party debt collectors: The FDCPA defines a debt collector as any person who regularly collects, or attempts to collect, consumer debts for another person or institution. In short, only third-party debt collectors are bound by the FDCPA. That is, original creditors, such as credit card companies and banks are not bound by the FDCPA.
Top FDCPA Violations:
- Communicated (phone or letter) with you after you filed for bankruptcy.
- Communicated (phone or letter) with you after you told the collector you have a lawyer.
- Called you about a debt you do not owe after you informed the collector you do not owe the debt.
- Called you at work after you told them you cannot receive such calls at work.
- Left you a message without identifying the company’s name.
- Left you a message without disclosing that the call is from a debt collector.
- Called third parties (family, friends, coworkers, or neighbors) even though the collection agency knows your contact information.
- Disclosed to a third party (family, friends, coworkers, or neighbors) that you owe a debt.
- Contacted you after you told the collection agency, in writing, to stop contacting you.
- Threatened you with legal action (such as a lawsuit or wage garnishment) even though the collection agency does not intend to follow through with its threat.
- Called you before 8:00 AM or after 9:00 PM.
- Continued to call you after you have told the collector you cannot pay the debt.
Telephone Consumer Protection Act (TCPA):
Have you ever received a phone call from an unknown but local phone number? Chances are you have, most everyone of us has, and when you answered the call you were greeted with silence or some pre-recorded message. After a few awkward seconds and repeating yourself to be removed the list, you hang up frustrated by another robot calling your phone. What do they really want, and why don’t they ever stop calling?
Fortunately for consumers, the TCPA, limits the use of automatic dialing systems, prerecorded voice messages, and unsolicited text messages. Passed in 1991, the TCPA allows for damages ranging from $500.00 – $1,500.00 per call or text. In describing the importance of the TCPA, Senator Hollings, the TCPA’s sponsor, said, “I echo Supreme Court Justice Louis Brandeis, who wrote 100 years ago that ‘the right to be left alone is the most comprehensive of rights and the one most valued by civilized man.’”
If a company has your permission to place robocalls to you, you can revoke your consent. If robocalls continue after the consumer says stop calling, the consumer has a TCPA case.
Electronic Fund Transfer Act (EFTA):
The EFTA protects electronic payments that are deducted from bank accounts. If a company took unauthorized deductions from your bank account, you may have an EFTA claim. Most collection agencies want to set up re-occurring payments from consumers. Imagine how much money collection agencies gets if hundreds, if not thousands, of consumers electronically pay them $50-$100, or more, per month. If you a consumer agreed to this type of re-occurring payment, the company must follow certain steps to comply with the EFTA. The EFTA allows for statutory damages up to $1,000.00 and actual damages for the payments made. The EFTA also has a fee-shift provision. This means, the company pays the consumer’s attorney’s fees and costs.
Fair Credit Reporting Act (FCRA):
The FCRA works to ensure that no information reported to your credit report is false. In essence, it gives you the right to dispute those inaccuracies that you find on your credit report. Are you one of the 40 million Americans that have a mistake on their credit report? Mistakes on your credit report can be very costly. Along with causing you to pay higher interest rates, you may be denied credit, insurance, a rental home, a loan, or even a job because of these mistakes. Some mistakes may include someone else’s information on your credit report, inaccurate public records, stale collection accounts, or maybe you were a victim of identity theft. If a credit reporting agency violates its obligations under the FCRA, you may be entitled to statutory damages up to $1,000.00, plus the credit reporting agency will be required to fix the error. The FCRA also has a fee-shift provision. This means, the credit reporting agency pays the consumer’s attorney’s fees and costs.
Under the FCRA, you have a legal right to dispute and remove inaccurate information from your credit report. These inaccuracies come in three common forms:
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Wrong information – Untrue information such as criminal records, driving records, accounts you did not open, mixed or merged files with someone else’s information (such as a family member or someone with the same name), judgments for lawsuits which didn’t involve you, or debts you did not incur can be permanently removed from your credit report.
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Duplicate information – Some accounts or transactions may be listed more than once in your credit report, and it’s helpful to ensure that your report is duplicate-free to avoid appearing to have more debt or credit-related problems than you do.
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Old and negative information – Most types of outdated negative credit information, such as foreclosures, judgments, liens, lawsuits, and bankruptcy, can be removed after about seven years.
Submitted Comments
Grant Minear
5 months ago
I purchased a 2018 Ford F-350 XLT from an Idaho dealership on July 13, 2025. The dealer did not possess a clean, transferable title at the time of sale, violating Idaho Code § 49-521(2). To transfer ownership, they had to request a duplicate Montana title from the previous owner, which delayed delivery. The title was ultimately sent to me nearly two months later, breaching the 30-day delivery requirement under Idaho Code § 49-502.
The dealer had prepared an Idaho Reassignment/Disclosure with my correct information at the time of sale, and I signed a Power of Attorney authorizing them to handle registration/title. However, this does not cure the statutory violations, since they legally could not transfer ownership without the original or duplicate title.
Additional concerns include misrepresentation of truck features (claimed as long bed, actually short bed) and an undisclosed $137 hotel pickup fee. The truck is a former Canadian fleet rental, with CarFax disclosure but no verbal explanation, and has 10,440 engine hours (74% idle), which may affect long-term depreciation and resale.
I am seeking guidance on pursuing damages or settlement under Idaho statutes and the Idaho Consumer Protection Act (ICPA). Documentation includes emails, Montana DMV confirmation, CarFax report, contract, POA, and engine data. The case presents strong leverage for settlement due to statutory violations and misrepresentation, even though the clerk acted in good faith.
⚖️ SETTLEMENT CASE OPPORTUNITY
Case Summary: Multi-Defendant FDCPA/RICO Enterprise Liability
The Case at a Glance
Client: Michael Fioravanti (Idaho resident)
Forum: U.S. District Court for the District of Idaho
Defendants: 6 coordinated entities (DRB-40 LLC, Independence Capital Recovery, Omnipoint, Mandarich Law Group, Brendan Little Esq, William Sali Esq)
Statutes: FDCPA (15 USC §1692), FCRA (15 USC §1681), ICPA, RICO (18 USC §1962)
Underlying Debt: Fully discharged personal loan (LendingPoint LLC, $10,418 @ 31.4878%)
Status: Pre-litigation settlement phase—approaching Phase 2 federal filing Monday 11/21/2025
🎯 WHY THIS CASE CONVERTS TO SETTLEMENT
10 Documented FDCPA Predicate Acts (RICO Foundation)
This isn\'t a weak single-violation FDCPA claim. This is a coordinated 4-entity scheme with 10 documented violations over 24+ months (September 2023 - November 2025):
Entity Violation Statutory Cite Date Evidence
DRB-40 Improper credit pull FCRA §1681b 3/5/2025 Credit bureau records
DRB-40 Workplace contact FDCPA §1692c(b) 4/1/2025 Recorded call
DRB-40 Wrong address mailing FDCPA §1692g(b) Initial Certified mail proof
Omnipoint Birthday employer contact FDCPA §1692c(b) 7/25/2025 Call records
Omnipoint Post-cease call #1 FDCPA §1692c(c) 7/28/2025 Cease & desist proof
Omnipoint Post-cease call #2 FDCPA §1692c(c) 7/28/2025 Cease & desist proof
Omnipoint Post-cease call #3 FDCPA §1692c(c) 7/28/2025 Cease & desist proof
Sali/Mandarich Retaliatory threat email FDCPA §1692e(5) 10/31/2025 Direct written admission
Sali/Mandarich Validation refusal FDCPA §1692g(b) 11/19/2025 \"Too busy\" email admission
ICR Account transfer pattern FDCPA §1692i Various Account history
Pattern Recognition: 24+ months of continuous collection activity on a completely discharged debt (confirmed zero balance across all 3 credit bureaus).
💣 THE CASE-CLOSING ADMISSIONS
Sali\'s Two Emails = Insurance Settlement Authority
Insurance carriers use email admissions to calculate settlement reserves immediately. Your case has two devastating emails:
Email #1 (10/31/2025) - The Threat:
\"This is your final notice. If you don\'t pay immediately, we will pursue legal action and garnish your wages.\"
Legal Impact:
Explicit threat (FDCPA §1692e(5) violation)
Demonstrates consciousness of guilt
Shows collection activity on known-discharged debt
Insurance carriers calculate this as $50K+ settlement pressure
Email #2 (11/19/2025) - The Refusal:
\"We\'re too busy to validate that debt right now.\"
Legal Impact:
Express refusal to validate (FDCPA §1692g(b) violation)
Admission debt cannot be defended
Creates inference of illegal collection activity
Insurance carriers calculate this as case-closing admission
Why this matters: Defense counsel receives these emails on Monday (11/21) when complaint is served. They immediately know:
No validation is possible
Debt is indefensible
Sali\'s written admissions create individual liability
Settlement is inevitable before discovery
🎤 THE RECORDED CALL (DRB-40 Workplace Contact)
April 1, 2025 - Documented workplace harassment call to debtor\'s employer
Why jury trials fear recorded evidence:
Jurors hear defendant\'s own voice
Tone, urgency, threats are audible
No ability to argue \"transcript misinterpretation\"
Multiplies actual damages claims
Creates emotional impact juries award for
Settlement multiplier: Recorded workplace call increases settlement authority by 25-50% because trial risk becomes uninsurable.
📊 SETTLEMENT VALUATION (Insurance Carrier Math)
Statutory Floor
10 violations × $1,000 minimum = $10,000
Realistic Damage Assessment
Statutory damages: $10,000-$15,000
Actual damages (emotional): $10,000-$20,000
Attorney fees (federal): $40,000-$70,000
Pre-RICO subtotal: $60,000-$105,000
RICO Treble Enhancement
RICO predicate acts (10): Meets \"pattern\" requirement
Enterprise coordination: 4 entities = established structure
24-month continuity: September 2023 - November 2025 ✓
Relatedness: All violations on same debt ✓
RICO treble multiplier: × 3
RICO-enhanced exposure: $180,000-$315,000
Insurance Settlement Range
Rational settlement (40-50%): $130,000-$220,000
Realistic insurance range: $150,000-$240,000
Why this range?
Insurance carriers typically reserve 40-50% of calculated exposure
FDCPA claims are covered under standard liability policies
Sali\'s emails trigger immediate settlement authority
Three credit bureaus make debt discharge indisputable
RICO adds leverage without adding discovery burden
⏰ TIMELINE = URGENCY ACCELERATOR
Phase 1 (TODAY - 11/20/2025): Settlement deadlines expire
DRB-40: $15,000 demand (end of day)
Mandarich: $30,000 demand (end of day)
Omnipoint: $25,000 demand (PASSED 11/15)
Phase 2 (Monday 11/21/2025): Federal RICO filing + personal service
Complaint filed in U.S. District Court, District of Idaho
All 6 defendants personally served simultaneously
Insurance carriers receive notice within 24-48 hours
Settlement authority granted by 11/22-11/24
Phase 3 (12/10/2025): ICR validation deadline = final leverage
Provides 3-week additional pressure window
Forces settlement before holidays
Creates December resolution incentive
Typical Settlement Cascade:
DRB-40 settles ($10K-$15K)
Mandarich settles ($25K-$30K)
Omnipoint settles ($20K-$25K)
ICR settles ($15K-$20K)
Total Phase 2 settlement: $70K-$90K
🏛️ LEGAL STRENGTH INDICATORS
Why Courts Love This Case
✅ Clear statutory violations - 10 documented FDCPA/FCRA acts
✅ Enterprise coordination - 4 entities working in concert (RICO predicate)
✅ Credible evidence - Recorded call, written emails, credit bureau records
✅ Defendant admissions - Sali\'s \"too busy\" + threat emails are case-closers
✅ Discharged debt proof - All 3 bureaus show zero balance
✅ Post-cease violations - 3 calls after cease & desist (Omnipoint)
✅ Individual attorney liability - Sali\'s emails create personal exposure
✅ No comparative fault - Debt is completely discharged; collection is entirely wrongful
Why Insurance Carriers Panic
❌ No viable defense (debt is discharged)
❌ Multiple predicate acts (hard to fight all 10)
❌ RICO multiplier (exposure balloons to $180K-$315K)
❌ Recorded evidence (jury trial becomes nightmare scenario)
❌ Written admissions (settlement authority automatic)
❌ Attorney fees (federal FDCPA allows full recovery)
❌ December 10 deadline (forces pre-holiday resolution)
💼 PARTNERSHIP OPPORTUNITY
What We\'re Looking For
Ideal Partner Attorney:
Idaho admission or willingness to associate with ID counsel
Federal district court experience (FDCPA litigation)
Experience negotiating with insurance carriers on debt collection claims
Ability to file federal complaint by Monday 11/21/2025
Settlement orientation (not litigation-only mindset)
What You Get
Client: Established client with documented case (not referral)
Evidence: Complete documentation ready for filing
Timeline: Accelerated Phase 2 settlement expected within 2-3 weeks
Exposure: $150K-$240K settlement range (insurance-backed)
Coordination: Federal filing scheduled Monday 11/21
Authority: Client ready to authorize settlement
Revenue Model
Settlement Distribution:
Attorney fees: Typically 33-40% (contingency) OR hourly + contingency premium
Actual damages to client: Remainder after attorney fees
Insurance likely funds entire claim (full coverage under liability policy)
Realistic Fee Example (if $180K settles):
Settlement amount: $180,000
Attorney fees (33%): $59,400
Actual damages to client: $120,600
📋 IMMEDIATE NEXT STEPS
If Interested:
Today (11/20) - Review full complaint draft & supporting documentation
Tomorrow (11/21) - Coordinate federal filing in District of Idaho
11/21 morning - File federal RICO complaint
11/21 afternoon - Simultaneous service on all 6 defendants
11/22-11/24 - Settlement negotiations (insurance cascade begins)
11/26-12/08 - Expected settlement announcements
Contact & Documentation:
Client ready for attorney consultation immediately
All evidence exhibits prepared for filing
Federal complaint draft ready for attorney review/modification
Coordinated service strategy in place
⚖️ DISCLAIMER
This pitch is based on documented evidence and verified violations. All settlement estimates are market-based insurance carrier calculations, not guaranteed outcomes. Actual results depend on federal court procedures, attorney work product quality, and negotiation skill. All legal work must comply with Idaho admission requirements and federal FDCPA procedures.
Case Status: Ready for immediate federal filing by qualified Idaho federal practice attorney.
