Legal Question in Credit and Debt Law in California
Repo man violated FDCPA/RFDCPA?
At midnight this guy starts pounding on the door. His car is parked so that his highbeams are pointed at our front door. He is yelling and screaming, ''You live in a nice house, why don't you make your car payments?'' Obviously he intends for the neighbors to hear all this. The car he is seeking isn't here. He refuses to leave until we call the police. Is he covered by FDCPA/RFDCPA, and was this a violation?
2 Answers from Attorneys
Re: Repo man violated FDCPA/RFDCPA?
Possibly. We have handled many, many of these cases and it really just depends on the facts. The FDCPA typically covers only third party collectors, which do not typically include repossession agents. But, there is an exception for a claim under f(6) if the circumstances are right. Further, there might be a claim under the RFCPA, as there is property at issue. You have to be careful on how you go after the original creditor as they try to get out of it under a business professions code exception. Feel free to call my office if need a case review.
Re: Repo man violated FDCPA/RFDCPA?
Did you file a police report or have proof from the police? You may have a claim under FDCA. Have you received any correspondence on this? Please contact me if you have any other questions.
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