Legal Question in Credit and Debt Law in California
Collection agency announcing a
I received a letter today from a collection agency in which it says in HUGE letters that I could win $2000 (yeah right!) if I pay them on an old account that is SOL. They do state who they are although in a smaller font and they do include the normal stuff informing me of my right as a debtor. My only problem with this is that there probably is no sweepstakes and there are probably people out there who will screw up their SOL status by falling for this crap! Is it me or is this bordering on being deceptive?
3 Answers from Attorneys
Re: Collection agency announcing a
The letter appears to be a violation of the Fair Debt Collection Act. Has the statute of limitations passed since your last payment? Normally, the statute of limitations is 4 years on a written contract and 2 years on an oral contract.
Re: Collection agency announcing a
Without seeing the letter, it is impossible to tell if it is harassing or abusive. It may be. You can file a complaint with the FTC.
Re: Collection agency announcing a
If it is as you state, it does appear to be deceptive to the least sophisticated consumer, and as such, a violation of the FDCPA and accompanying state laws. Violations such as this could result in an award of up to 1,000 per violation.
Feel free to contact me to discuss this further; I would be very interested to see the letter.
I offer clients a free initial consultation.
Yours truly,
Bryan
Member, National Association of Consumer Advocates
www.naca.net
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