The Michigan Occupational Code protects Michigan residents from original creditors such as mortgage companies, credit card companies, auto loans, medical bills, and utility bills. Although damages under the law are nominal, consumers may recover actual damages or $50.00. The damages can be trebled to $150.00 for willful violations. Plus, the Michigan state law also has a fee-shift provision. So, you won’t pay us a penny for our fees or costs for our help stopping original creditor harassment. When we work on original creditor harassment cases, often times (depending on the amount of the debt) we’re able to get the underlying debt waived and your credit report updated.
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
west creek harassment/scam
Do not call me. Navient and Discover Student Loans have harassed me to the point that I cannot answer the phone because of anxiety.
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.
If I received even $500 per call both of these companies would end up owing ME money. Ive had it and I would like to sue both.
I am being harassed by OneMain Financial. What can i do?
This fbcs keeps calling me I don\'t owe anything??from this # 248-833-6916
I have been with Consumer Cellular now for a few years. My SE was hacked twice, my information was sold to a third party without my knowledge or option. Now I’ve had to wipe the Se completely. I purchased this IPhone in March 1st of this year, as soon as I tried to set it up I had issues and had to have a new EMI card Finally it was set up. Now this phone has been hacked and I have to be on lockdown. A person using a IPhone 14 and a IPhone 15 are using my telephone bumper. One is named Manuel Martinez the other one is named Brendon. They hacked into my Facebook account which I had to close I need out of this contract so I can secure my life This is not the whole story
MIOSHA, penalties, appeal enrolling in CET Program
LVNV tiring to sue me without a court date and i cant pay
Good afternoon, I was looking through my credit score recently and it showed that I got a debt collection for over 6k I didn’t receive a letter or nothing i didn’t get the chance to fight it before they reported it my credit score. Plus the charge was for services i didn’t receive. I sent them an email and faxed them a debit verification letter no response from them. 9/26/24 was the day I found out about the debt collection
Document Date: 09/26/2024
Alleged Creditor:
Aargon Agency, Inc.
8668 Spring Mountain Road., Suite110 Las Vegas, NV 89117-4113
Subject: NOTICE OF DISPUTE OF DEBT AND DEMAND FOR VERIFIED DOCUMENTATION;
FAIR DEBT COLLECTIONS PRACTICES ACT (“FDCPA”);
FAIR CREDIT REPORTING ACT (\"FCRA\")
Account Number:5072-000915
To Whom It May Concern,
I am writing regarding the unpaid debt on the derogatory Account listed above, which I dispute and attempt to correct your records. I didn’t receive any information nor did I receive a letter stating anything from a debt collector. By sending this letter, I am disputing both the validity of the alleged debt and the validity of your claims. Please be aware that any information I receive from you will be collected as evidence should any further action be necessary.
According to the FDCPA, I have the right to request validation of the alleged debt or competent evidence that bears my signature and shows I have some contractual obligation to pay your company.
I hereby Request that your company will provide me \"under penalty of perjury\" with the following verified documentary evidence of alleged debt:
1. Please provide a verified copy both front and back of the alleged original contract / agreement / promissory note in its entirety, including any application, accompanied by a commercial affidavit, sworn to be true, correct, and complete, upon the commercial liability of a properly identified and authorized officer, employee, or agent of the alleged creditor who states that he/she has personal first-hand knowledge that said front and back verified copy is that of the original alleged contract / agreement / promissory note;
2. Provide verification and documentation that there is a valid basis for your firm’s charge-off of the alleged debt. For example, can you provide a copy of the written agreement that created the requirement to pay and stipulates your terms for a delinquent account?
3. Please describe in detail your firm’s charge-off procedures as they apply under the Sarbanes– Oxley Act of 2002 (Pub.L. 107–204, 116 Stat. 74);
4. Have you determined that alleged debt is within thestatute of limitations applicable to it? Tell me when you think the statute of limitations expires for this debt, and how you determined that;
5. Please explain how the added interest, fees or other charges rges are expressly authorized by the consumer agreement, creating the debt and permitted by law;
6. Please provide an itemization showing the dates and amounts of each reduction or payment were accrued in your firm’s procedure, authorized by the consumer agreement and creating the debt or permitted by law;
7. Please provide proof that the alleged debt hasn\'t already been satisfied by any means available including but not limited to, a Tax write-off, or an Insurance Claim;
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8. Please describe your Credit Bureau Reporting system and the credit reporting mechanism your firm utilizes in regards to Metro-2 compliance between your firm and your contracted reporting entity (CRA). Include a comprehensive explanation of the process and description of who handles the data entry, how that information is transmitted and whether the data entry function is outsourced;
9. Please describe how your firm ensures comprehensive accuracy and input of all consumer data into the Metro-2 format and if there have been any recent issues (last 4 years) with data consistency or breaches in information transmission quality reported to you under your firm’s CRB agreement with any Credit Reporting Agency;
10. Please provide the name, title, address and phone number of the natural person who is the CUSTODIAN of the actual alleged contract/agreement/promissory note. If the physical location of the said alleged contract is different from that of the CUSTODIAN, please provide the address of that location also;
11. Please verify that you have not purchased evidence of alleged debt;
12. Please verify that you know and understand that credit card contracts are a series of continuing offers to contract and as such are non-transferable.
If you fail to provide all parts and requests of the information or documentation I have asked for, please stipulate why to each request including the authorized party that is refusing to comply or make such information available. I will understand that you are unable to confirm or document your claims but the reason or motive must be made clear including the responsible party under the tort law precedents of respondeat superior.
Fields v. Wilber Law Firm, Donald L. Wilber and KennethWilber, USCA-02-C-0072, 7th Circuit Court, Sept. 2004.
Ligations to get out of a car loan. I have a car loan for the past 3 years and the loan amount is the same as when I purchased the car. It’s seem to be unbearable to pay and my billing don’t reflect payment:
Chime refuses to reimburse me for unauthorized charges made to my Chime Credit card after it was stolen. $537.00
Ebay inc. failed to follow through as promised in an email to protect me from a fraudulent return. They then debited the amount of 1860.28 and then two debits of 1892.10( after the promise of not charging me 1860.28) after those three charges the sent me to a collections agency unbeknownst to me agency never contacted me or emailed. After a lot of work and countless emails showing them they finally put my account at zero as I should have been protected. I lost 4 months of income avg $4,500 in gross sales a month and they refuse to reimburse me the $5644.48 they debited from my bank account even this I have emails stating the refund is in the process of getting back to me it never has:
Fortiva closed two accounts in July per the bureaus yet they are continuing to charge me annual fees and maintenance fees for two cards. They also keep changing the closed month on Experian. I’ve had no access to my credit since July for both cards.
