Legal Question in Credit and Debt Law in California

FDCPA Violations

To keep this short, I had some changes in my life occur and slipped on a credit card payment, the credit card company turned my account over to a collection agency, the first guy who called stated he was an attorney and they were a law office not a collection agency, when I asked for a BAR# he hung up on me, I called the company and they stated they do have an onsite attorney but they are female, I filed a complaint with the FTC, well today they call again and the lady discusses in full detail my debt and attempted to get a bank account # from my girlfriend which apparently is another violation in the Fair Debt Collection Practices Act under section 805(b). What can I do about this ''abuse'' that I keep recieving from this collection agent?

Asked on 1/08/04, 4:36 pm

2 Answers from Attorneys

Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: FDCPA Violations

Get, without giving them, as much information as you can about the company making these calls. Then, report it first to the State Bar, and then report it to the Attorney General's Offices. I would guess that these organizations will take some action to put a stop to this disturbing behavior. I don't think you want to go beyond that.

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Answered on 1/08/04, 7:53 pm
Robert L. Hyde Hyde & Swigart, Attorneys at Law

Re: FDCPA Violations

It is a violation of Federal and California state law for a debt collector to claim to be an attorney when this is untrue. Further, it is a violation to refuse to disclose who they are, or discuss this issue with third parties. We sue over these types of violations, daily. Give me a call at the number below and I will fill you in.


This communication is from West Coast Litigation, (619) 233-7770, a law firm located in Southern California that deals exclusively with abusive debt collectors. While this email is meant to be informative, we cannot guarantee it is accurate without reviewing the facts of your case, which we have not done. This correspondence should not be viewed as creating an attorney- client relationship and does not mean we represent you in any capacity. West Coast Litigation, Attorneys at Law - 619-233-7770 - Advertisement.

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Answered on 1/13/04, 12:15 pm

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