Debt Collection Harassment Lawsuit

Summary

Original creditors like Credit One Bank are not covered by the FDCPA, but you may pursue a claim under the Missouri Merchandising Practices Act (MMPA) for harassment. The MMPA addresses unfair practices, potentially allowing for actual and punitive damages. Additionally, if autodialing systems were used without consent, the Telephone Consumer Protection Act (TCPA) may apply, offering statutory damages. Document call details and consider consulting a lawyer for guidance on filing a claim.

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THE ORIGINAL CREDITOR IS NOT REGULATED UNDER FDCPA THATS FOR 3RD PARTY
The Fair Debt Collection Practices Act (FDCPA) indeed applies to third-party debt collectors, not original creditors. However, you may have a case under the Missouri Merchandising Practices Act (MMPA).
- MMPA: Prohibits deceptive and unfair practices in any trade or commerce.
Is the harassment causing you significant distress or harm?
WHAT IS THE COMPENSATION FOR THOSE CALLS
The compensation you might receive under the Missouri Merchandising Practices Act (MMPA) can vary. If you successfully prove the harassment, you might be entitled to:
- Actual damages: Compensation for any financial loss or emotional distress.
- Punitive damages: Additional compensation to punish the creditor.
- Attorney's fees and court costs.
Would you like more information on how to proceed with a claim under the MMPA?
CAN I SUE THEM UNDER TCPA FOR USING DIALING SYSTEMS FROM A CALL CENTER
Yes, you can potentially sue under the Telephone Consumer Protection Act (TCPA) if the creditor used an automatic dialing system or pre-recorded messages without your consent. The TCPA:
- Prohibits calls using automatic dialing systems or pre-recorded voices without prior consent.
- Allows for statutory damages of $* per violation or $*,* if willful.
Would you like more details on filing a TCPA claim?
YES
Under the TCPA, you may have a strong case if Credit One Bank used an automatic dialing system or pre-recorded messages without your consent. Here’s how you can proceed:
- Document Details: Keep records of all calls, including dates, times, and content.
- Consent Proof: Gather any evidence showing you did not consent to these calls.
- File a Complaint: You can file a claim in small claims court or consult an attorney for further action.
Would you like information on finding a lawyer or details on filing in small claims court?
TCPA IS FOR MARKETING SO ARE YOU SAYING THAT BECAUSE THEY USED AN AUTO DIAER THEY ARE VIOATING THE TCPA?
Yes, under the TCPA, it's not just marketing calls that are regulated. If Credit One Bank used an automatic dialing system to call you without your consent, they could be violating the TCPA.
Would you like more information on the specific steps to file a TCPA claim?
HOW CAN YOU KNOW IF THEY ARE USING A DIALING SYSTEM?
To determine if they are using an automatic dialing system (also known as an autodialer):
*. Call Patterns: Repeated, frequent calls often indicate an autodialer.
*. Pause Before Speaking: A noticeable delay before a representative speaks.
*. Pre-recorded Messages: Calls with pre-recorded messages.
Would you like guidance on gathering evidence or filing a complaint?
THEY CALL FROM * DIFFERENT PHONE NUMBERS * TIMES DAILY
It sounds like you have a strong case under the TCPA given the frequency and nature of the calls. Here’s what you can do next:
- Document Each Call: Keep a log with dates, times, and the numbers used.
- Record Evidence: Note any patterns or delays in answering.
- File a Complaint: Consider filing in small claims court or consulting a lawyer.
Would you like details on finding a lawyer or filing the complaint?