Card Services/Emerge set themselves squarely under the auspices of the FDCPA when Emerge contacted me, representing themselves as Card Services, not once when they identified themselves as Card Services did they inform me of the relationship between Card Services and Emerge, also they never identified that Card Services is Emerge, or a branch of Emerge, and as thus they represented themselves as a third party collection agency.By identifying themselves as Card Services, never clearly stating the relationship between Card Services and Emerge, they violated the FDCPA sec. 803-6 which states:
The term debt collector' means any person... Who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another... The term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts.
Summary of Violations
1. a Cease and Desist letter was sent to Card Services Emerge, to cease all harassing phone calls.in violation to the FDCPA sec. 805 (c) which lists the only three reasons for any communication after receipt of a Cease and Desist letter, communication was received by Card Services defying the cease and desist order received on or before 3/16. According to the FDCPA sec. 813 any violation of the FDCPA carries with it a civil liability of $1000, thus I am seeking $1000 for violation of this Act.
2. All communications received by autodialer are in clear violation of the TCPA '91 which states autodialers and any artificial or prerecorded voice messages may not be used to contact numbers assigned to... Any... Service for which the person being called would be charged for the call. As Card Services / Emerge knew the only phone I had was a cellular phone, they also knew I would be charged for the call, in addition I informed them of this fact. Thus they knowingly violated the TCPA '91 which carries a civil liability of triple $500, or $1500.
3. on March 13 I received a phone call from (person omitted) who proceeded to tell me how I must defer payment of my student loans to pay my Emerge account. As I had not informed them of any other accounts I had, I investigated and discovered that on that day they illegally obtained a copy of my credit report, without my permission, without reason, in violation of the FRCA sec. 604 (a) 3, for no right had ever been given to Emerge, voluntarily, nor should it have been assumed when they purchased my account from GetSmart. Civil Liability is also rated at $1000 for this violation.
4. Card Services harassed me multiple times, violating the FDCPA sec. 806 sec. 5, which define harassment as causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to... Harass and by placing phone calls without meaningful disclosure of the caller's identity. This is particularly evidenced by the four phone calls in five minutes and the ten phone calls made on another day.in violation of the FDCPA for this continual harassment, a claim is made for $1000.
5. the repeated phone calls is also in violation of the FDCPA sec. 804 which states no communication shall be made more than once unless requested to do, also by not identifying themselves under the name Emerge, instead using the name Card Services, they violated the FDCPA sec. 807 (14) which prevents any business from using any name other than the true name of the debt collector's business, company or organization. As such violations of the FDCPA each carries a civil liability of $1000 each.
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