Usacomplaints.com » Business & Finance » Complaint / Review: Clear Check - Breach of The Fair Debt Colletion Practicies Act Ripoff. #177067

Complaint / Review
Clear Check
Breach of The Fair Debt Colletion Practicies Act Ripoff

This Debt collector has only made on attempt to collect on a debt of some sort.in doing so this collector call my home at 9:01 P.M. Local time. This is a direct violation of the federal Trade Commisions laws put in place by the federal government on Sept. 30 1996 to protect the consumer from unfair debt collection. Section 805 of The Fair Debt Collection Practices Act states "805. Communication in connection with debt collection [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt —

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer.in the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;

(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

(b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except —

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

(d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator." This States clearly that no debt collector can call your home past 9 P.M. Your local time. I am so tired of any business calling and being rude and or disreguarding the laws. I am a disabled vet. I didn't ask to be disabled, I had no control over it, and it was in the line of duty protecting this country and the laws that these collectors are so dilligent to break. The bills that I have are from before I was injured when I had the income to take care of them on time everytime. I am now on a fixed income and do the best that I can to pay everyone as much as I can after my nessesary living expences are paid.


Offender: Clear Check

Country: USA   State: South Carolina   City: Greenville
Address: P.O. Box 27087
Phone: 8645279167

Category: Business & Finance

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