Debt settlement with collection agency, fair debt collections practices act in CA, debtor's rights

Asked over 5 years ago - Vineburg, CA

I tried to settle with a collection agency via an offer from a family member. THe collection wanted banking information or a debit card number right then and there but refused to mail us a letter stating that the account would be settled first so my family member did not allow the loan to take place. When both the family member and I explained we needed the letter first they said I was being recorded for a "possible" lawsuit. Does this qualify as a violation of the Fair Debt Collections Practices Act (as well as the similar California Law) that would be reportable to the FTC?

Attorney answers (1)

  1. Jonathan Gregg Stein

    Contributor Level 11

    1

    Lawyer agrees

    2

    Answered . This may be considered harassing and abusive behavior under the FDCPA and the Rosenthal Act. However, it depends on the entire context. This statement just by itself may not be harassing and abusive.

    You should visit my blog www.californiadebtblog.com for a more detailed discussion. Then, if you have more details, a definitive answer can be given.

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