Alison Cbar
Boca Raton,#2Consumer Comment
Wed, November 25, 2009
To the last guy who commented- they have already acknowledged the debt is valid since they have been paying on it~
The only way to get them to stop calling you is to write a cease and desist letter and I would send it certified mail so they can't say they didn't get it. You can also attempt to dispute the debt w/ experian and hope that they can't respond to substantiate your debt within 30 days so experian removes it off your report.
Steve- I wouldn't brag about being a politician or a lawyer, you all are worse crooks and criminals then these collectors are! You even said it yourself- how many times have you been convicted of felonies you snake? I'm sure you've been around the block a time or two!
Ravenslvr
Grand Prairie,#3Consumer Comment
Thu, June 04, 2009
if you send a cease and desist letter you are recognizing the debt, which you clearly have so you have no problem with that. i would try that route. there are lawyers that go after overly aggressive debt collectors, i would stop payment personally and i would call their headquarters and send a certified letter, keep on for yourself stating you are stopping payment due to their harassment, but i am sure you probablt have this done by now
Ravenslvr
Grand Prairie,#4Consumer Comment
Thu, June 04, 2009
if you send a cease and desist letter you are recognizing the debt, which you clearly have so you have no problem with that. i would try that route. there are lawyers that go after overly aggressive debt collectors, i would stop payment personally and i would call their headquarters and send a certified letter, keep on for yourself stating you are stopping payment due to their harassment, but i am sure you probablt have this done by now
Steve
Bradenton,#5Consumer Comment
Sun, April 16, 2006
Heather, First of all, my replies have nothing to do with puffing up my ego. Second, "wiretapping" is when you record a conversation that you are NOT a speaking participant in. It is when a private conversation is recorded by a non participating third party. Third, the act of recording alone will very rarely bring charges. The DA will always look at other factors such as the nature of the conversation, or to see if there was fraudulant or malicious intent in making the recording, etc.. It is not black and white as you put it. I have faced this personally several times in multiple states and have NEVER be prosecuted. I have never even been charged. If you are a lawyer posting legal advice here, please post your full name and bar assoc # here. Otherwise, do not talk down to me like I am some sort of idiot. I probably have more time in the courtroom than you might imagine. I defended myself on 2 felony charges and got them dismissed before going to trial. And no, I am not currently a licensed attorney. I recently got a lawsuit against me dismissed by the court before the first hearing. And, that lawsuit was valid on its face. However, to date, I have not lost 1 battle. Therefore I must know something. I have been around the block a few times.
Heather
Murphy,#6Consumer Suggestion
Sat, April 15, 2006
You. Steve, are irresponsible beyond belief. You would rather protect your own image and pride than actually concede THE FACTS. I have provided documentation that what you are advising is patently false. Yet you continue to defend yourself by saying "well, it might be a law, but it's not a real world law that's ever used". Why don't you tell that to Anthony Pellicano who is currently facing MAJOR felony charges in California for wiretapping people within his own state. Or Steve Hindi in Illinois who was arrested and charge with illegal eavesdropping for taping his discussion with a local police officer. Or the woman in Evanston, Illinois that was arrested just 2 months ago on felony eavesdropping charges. This is just a small sampling Steve. Every one of these people has allegedly broken their state's wiretapping/eavesdropping laws. Once arrested, the law is NOT on their side. I have now wasted enough time arguing with you. You are obviously being argumentative just to pick a fight and/or puff up your ego. I have done all I can to make sure people are informed when recording. I'll leave them to make their own decisions on how to utilize the information. P.S. I'm not the naive and bright-eyed law student you take me for.
Steve
Bradenton,#7Consumer Suggestion
Sat, April 15, 2006
Heather, You need to get a grip on reality and learn how things work in the real world. I have been down this road many times, not just that one while 7 years in politics. I have been in the courtroom more times than I can count, and have walked every time. It is all in how you play the game. There is much more involved here than you realize in actually getting a conviction for someone recording a telephone conversation they are part of. My take on you is that you are a young law student. My advice to you; Don't believe everything you read. Many laws on the books are totally unenforceable. You are the one who needs to back off here as you have no idea of how things work in the real world. Put the law book down for a minute.
Heather
Murphy,#8Consumer Suggestion
Fri, April 14, 2006
Steve, Please re-read my post. I specifically stated that Federal Law trumps state law when calls are made across state lines. Your call was across state lines, therefore the less stringent statute was applied. However, you have advised people to just record anything they want, whenever they want. They CAN NOT RECORD indiscriminately without knowing first what their state law allows and then confirming the location of the other party. Just the act of recording for your own records can be punished with jail time on some intra-state calls. You need to let this one go because your misinformation could land someone in jail.
Steve
Bradenton,#9Consumer Comment
Fri, April 14, 2006
Well, explain to me why I wasn't prosecuted or sued by the party I recorded in CA. They DID file a complaint against me and they DID attempt to sue me. They got nowhere. This proves that the alleged law has no teeth. There are a lot of "laws" on the books. However, many of them are impossible to enforce. Think about it. How can someone in CA enforce a CA law against someone in NV? It doesnt happen.
Heather
Murphy,#10Consumer Suggestion
Thu, April 13, 2006
Although federal law allows recording of any conversation as long a one of the parties consents, many state laws do not. Your claim that recording is not a "criminal" offense is also incorrect. For instance, in California, recording without the other party's consent is punishable by up to a year in jail and a $2,500 fine. The unconsenting party can also sue in civil court and win EITHER $3,000 or 3 times a person's actual damages, whichever is greater. In Massachusetts, it carries a criminal penalty of up to $10,000 and five years in jail. Plus the injured party can seek actual and punitive damages in civil court (and if the conversation is actually heard by someone other than one of the recorded parties, there's the possiblity of another 2 years of prison tacked on, plus another $5,000). In Pennsylviania, it is a felony to record without dual-consent unless you are recording to protect yourself from bodily harm. And in Illinois, it can be punished criminally with a $10,000 fine and up to 3 years in prison. Civil suits can recover both actual and punititive damages. Although there is a Supreme Court case dating back to the early 50's stating that calls across state lines can utilize federal wiretapping guidelines, a consumer could easily find him/herself defending a claim within their home state. So, to just give a blanket-statement to record is to invite people to unknowingly break the law and be subject to some very severe state penalties down the road. All because you said record away...
Steve
Bradenton,#11Consumer Comment
Thu, April 13, 2006
Heather, Under FEDERAL LAW you can record ANY conversation in which you are a speaking participant without knowledge or consent of the other party. AND in the states that have laws against it, it is NOT a criminal violation, it is civil. This means that the party who was unhappy with you recording them would have to sue you for damages. Damages are hard to justify, and these cases go nowhere. I have been challenged on this matter when I was in politics. I was in NV and the party I was speaking to and recorded was in CA. Boo h*o. Get over it. If you don't want it recorded, don't say it. Very simple.
Patricia
Austin,#12Consumer Suggestion
Wed, April 12, 2006
if you would like to get NCO to stop calling you can send them a "CEASE AND DESIST" letter. it needs to state that you would like for them to no longer contact you by phone or mail whatever preference. By law they are not able to contact you once they receive this letter. Make sure and keep a copy and send it to them certified with return receipt. If they do contact you, they can be sued. This is part of collection law. Good luck Trish, Austin,TX
Heather
Murphy,#13Consumer Suggestion
Fri, April 07, 2006
Jon: Nevada is a one-party recording state, which means you can record them without notifying them. Go to Radio Shack and purchase a digital recorder that you can hook up to your computer (along with a connection that will hook up directly to your home phone). Keep the recorder ready and before you answer the call, turn it on. Record them insulting you, record the threats of court, and make sure you get your request for them to stop calling after 9:00 p.m. and before 8:00 a.m. your time. When the call is done, verbally document the time and date of the call. Collect as many of these as you have the patience for, because each one of them violates the Fair Debt Collection Practices Act. You can then take your recordings to a consumer law attorney specializing in debt collection violations (can be found on NACA website) and sue them for statutory damages. Know your rights.