dairymtu said:I said that is enough, i have been patient and nice enough to tell them no such person here (and they still do not believe, they even ask me if i am his dad or brother or friend) and started recording phone calls. In my state, recording calls without consent is ok (i check this). When they call, i keep telling them there is no such person, please do not call again, please do this all in writing, i am at work, why do you keep calling me everyday when i told you not to etc. I just repeated as many statements as i can and be calm, sweet angel voice so that when they call again i knew they will be violating FDCPA (i did not lie, i was at work and busy and this people will call like twice a day, sometimes in the night or weekend). I got the service of a lawyer, handed phone statement, recorded calls and sued. We settled for 10k. That must be some violation to settle for that amount. I wonder if i could get more.

Very nice.

The law should be changed to force them to put their real contact / mailing info in the letter they send and their caller id info should be correct also.
I think the laws should be changed to make people actually read the law. Why would you send a cease comm letter when you can just send a summons and get paid?

TCPA says your caller ID info must be correct.

TCPA sez

If you have caller ID, a telemarketer is required to transmit or display its phone number and, if available, its name or the name and phone number of the company for which it is selling products. The display must include a phone number that you can call during regular business hours to ask that the company no longer call you. This rule applies even if you have an EBR with the company, and even if you have not registered your home phone number(s) on the national Do-Not-Call list. Before these rules took effect, the words “private,” “out of area,” or “unavailable” might have appeared on the Caller ID display.

FDCPA says it is harassment or abuse to:

Without limiting the general application of the foregoing, the following
conduct is a violation of this section: Except as provided in section 804, the placement of
telephone calls without meaningful disclosure of the
caller’s identity

TCPA is 500/1500 per call, and the FDCPA is 1k plus costs.

That is potentially 1500-2500, on just ONE call. Add 1500 for every subsequent call. Read the laws, then use the laws.

Details of your phone bill maybe?

Great story and thanks a lot for taking the time to write it down and share with us!!

WalStMonky said:How do I prove what showed up on my caller ID? Keep a camera by the unit?

Yes. My phone stores the last 99 calls so you could take a picture of it or photo copy it or bring it to court. It also has the date and time.

codename47 said:Read the laws, then use the laws If we all had the time to read the laws or even knew where to look for the laws to read them, then why would we need you ???? (it may not sound like a complement but it is)
Most people just want the error fixed and move on with their lives it is the attitude of the collector im my mind that makes a person want to sue or just let it go.

dcg9381 said:I don't agree.
We've got a consumer that got the shaft from a merchant due to the negligence of a shipping company.
It's very likely that the condition of those items was the issue of the shipping company, not the merchant.

Should the merchant eat the cost of the damaged 10%? Perhaps... Well, perhaps after a battle with the shipping company. As it's not reasonable for you to open every box, I would have talked to the merchant directly to see "what we can do together" to address that damaged 10%.

Instead, you got pissed because the merchant behaved badly and stuck them for $2000 instead of $200. Sorry, but BAD CONSUMER.

Can you be sued out of venue... Very likely. Ignoring all the FDCPA, you bought something over the web and unless they target your specific geography with advertisement, it is likely that the correct civil venue is in their city.

Assuming they followed FDCPA, they could sue... Ding your credit? Perhaps...

Personally, I'd call them up and make a settlement offer. Something that's fair which is what both the merchant and the consumer should have been working towards in the beginning.

He was harassed, lied to, threatened with unlawful litigation, accused of being a deadbeat, and then he got pissed. This whole thing cost him time, aggravation, and I'm guessing some sleep too.

He had a valid case against these people for an amount that most likely exceeded what he legitimately owed them, were the case to have gone to trial. In the end, as in many cases, both parties agreed to settle since the outcome was obvious and following the thing through to its conclusion would have cost more time and money.

He got a quick settlement that just happened to equal 47 boxes of flooring and they got to avoid the time and expense of a trial and a costlier verdict.

He certainly did not get all that flooring FOR FREE.

I got a collections notice from a medical provider a few months ago.

They said I had IGNORED monthly bills over the past 12 months and that THE COMPUTER IS NEVER WRONG. Basically they said I refused to pay them $13.00 for some service I never received.

I actually was very nice about it... but I was ready to call in SEAL TEAM SIX at a moment's notice.

Apparently they were trying to collect on hundreds, if not thousands of accounts that I believe were never delinquent. That would have been a great class action.

DjPiLL said:Anyways I noticed that mabe 3 or 4 boxes had some wear and damage on them. I pointed this out to the driver and he said let the merchant know. I should have marked that there was some damage on the shipping receipt (my fault), but I didn't.

DjPiLL said:They said I should go after shipper since I didn't note it on the receipt. I told the guy it was IMPOSSIBLE to inspect every single carton. That would mean I would have to open every box, inspect all four sides of every plank.

From what I see here the merchant was correct. You clearly stated that you knew the cartons were damaged but did not note it on the delivery receipt.
You do not have to actually indicate that there are x number of pieces damaged inside the box, just note that x number of boxes are damaged.

By signing the bill without notations you are indicating the shipment arrived in good condition and the merchant and shipper are no longer liable.

Now, as for the way you handled this after they "pissed you off", nice job!!!

At first I thought this guy is way off base and wrong wrong wrong....then, I saw where, as you said, "it got interesting" and I have to admit, it did indeed get interesting.

Once again, nice job!!!

I don't think that what OP did was at all shaddy! Consider all his time, aggravation and stress straightening this mess out! The moral of this story - mark any delivery, large or small, "damaged" just to protect yourself!

ArmchairQB said:This makes me think twice about buying flooring online.... I have been looking at some different places... what letter does this company start with?

How many online flooring places can there be in Nevada?

I just added this thread to my Favorites.

Does the TCPA apply to debt collectors? Ie. are debt collectors telemarketers? Just curious OP, why not ask for the 1k for each violation? I count at least 4-5k there, easy.

TCPA was written for telemarketers, but certain provisions apply to everyone and anyone. If you spoof your number, you violate, no matter what. If you use an auto-dialer and you call a cell phone, you violate, no matter what.

The FDCPA has been deemed to be 1k per SUIT for statutory damages. If you have actual damages, then you can recover whatever you can prove there. If you have multiple defendants in a FDCPA case, you can get 1k from each. You can ask, and it has happened a few times, but be prepared for 1k per suit.