Opinions about all relevant Topics and subject as deemed important by Cory Grambart.
Monday, July 22, 2013
Saturday, July 20, 2013
Breaking News Zimmerman To Face Civil Rights Charges. Propaganda Over Truth Is The Liberal Way.
http://corygrambart.com/2013/07/20/breaking-news-zimmerman-to-face-civil-rights-charges-propaganda-over-truth-is-the-liberal-way/
Department of Injustice still likely to charge George Zimmerman with civil rights violations because they are not satisfied with the verdict in the Trayvon Martin trial.
Head liar!
Despite all the the FBI reports, that Zimmerman in no way had violated Trayvon’s civil rights. Interviews uncovered Zimmerman not only has showed no signs of racism, but the the exact opposite, Zimmerman going to prom with a woman of another race, sticking up against police for a homeless man. None of this seems to matter, or even be acknowledged by Jesse Jackson Jackass, or not to sharp Sharpton. So if your innocent till proven guilty, then how can you not be innocent when the verdict comes back not guilty. The sear propaganda from the left, DOJ, Sharpton, Family Lawyers. They preach and rant about the stand your ground law. I’m confused are these idiots watching the same trial i did. He was found innocent and not guilty by self defense. So why are they not arguing the facts or the truth? Because they can’t win with the truth and once again the left will spin it to get what they want at any cost.
They have ruined a mans life for some hint of political gain. This man is not gonna ever have a normal life. The news stations changing the 911 tape to make Zimmerman sound racist. They lied, So even with the news, the family of Trayvon, Prosecution, lawyers, all the ignorant clowns like Sharpton,Jackson, twist and manipulate all these people for financial gain, and publicity. These so called leaders further divide our country for personal gain. Why are people so stupid. The average person may be to dumb to understand even the simplest basics. The black community leaves me no choice but to accuse them of racism and to use any advantage and manipulate the weak to get their way. Please i encourage a educated discussion on this matter.
By Cory Allen Grambart
Sunday, July 14, 2013
MIAMI PD TRAYON MARTIN BACKPACK WITH STOLEN JEWELRY
Ironically were it not for Frances Robles writing
a Miami Herald article on March 26th 2012 an entire chain of events would not
have taken place.
It was that Robles article, and the outlining of the
Miami-Dade School Police Department’s report on a Trayvon Martin incident from
October 2011, that kicked off an internal investigation by M-DSPD Police Chief
Hurley against his own officers to find out who leaked the police report.
[Note: The Miami-Dade Public School System has its own
Police force, and Chief, who report to the School Board and Superintendent -
Not the Police Dept. The Police Chief is appointed by the School
Superintendent, in this example, Alberto Carvalho]
It was that M-DSPD internal affairs investigation which
revealed in October 2011 Trayvon Martin was searched by School Resource
Officer, Darryl Dunn. The search of Trayvon Martin’s backpack turned up at
least 12 pcs of ladies jewelry, and a man’s watch, in addition to a flat head
screwdriver described as “a burglary tool”.
When Trayvon was questioned about who owned the jewelry and
where it came from, he claimed he was just holding it for a “friend”. A
“friend” he would not name.
Later, after the police report was outlined in the Robles
article, and despite Trayvon being suspended for the second time in a new
school year, Martin family attorney, Benjamin Crump, said Trayvon’s dad, Tracy
Martin, and Trayvon’s mom, Sybrina Fulton, did not know anything about the
jewelry case.
It was only as a consequence of the M-DSPD internal affairs
investigation that “why” theymay not have known came to light.
On October 21st 2011 a burglary took place a few blocks from
Krop Senior High School where Trayvon Martin attended. The stolen property
outlined in the Miami-Dade Police Report (PD111021-422483) matches the
descriptive presented by SRO Dunn in his School Police report 2011-11477.
Trayvon Martin
However, there was ONE big issue. SRO Dunn never filed a
criminal report, nor opened a criminal investigation, surrounding the stolen
jewelry. Instead, and as a result of pressure from M-DSPD Chief Hurley to avoid
criminal reports for black male students, Dunn wrote up the jewelry as “found
items”, and transferred them, along with the burglary tool, to the Miami-Dade
Police property room where they sat on a shelf unassigned to anyone for
investigation.
A separate report of “criminal Mischief” (T-08809) was filed
for the additional issue of writing “WTF” on a school locker. [It was the
search for the marker used to write the graffiti that led to the backpack
search].
The school discipline, “suspension”, was attached to the
graffiti and not the stolen jewelry.
The connections between the Police Burglary report and the
School Report of “found items” were never made because the regular police
detective in charge of the Burglary case had no idea the School Police Dept.
had filed a “found items” report.
Two differing police departments, and the School Officer,
Dunn, intentionally took the criminal element out of the equation – instead
preferring “school discipline” and not “criminal adjudication”.
It was only when the M-DSPD Internal Affairs investigation
kicked in, and six officers gave sworn affidavits, the manipulative scheme to
improve criminal statistics within the School System were identified openly.
School Superintendent Alberto Carvalho gave his hire, Police
Chief Hurley, instructions to reduce the criminal behavior of young black
males. The chosen strategy between them, to insure optical success, was to stop
using the Criminal Justice System to punish black student behavior. Instead
they instructed the School Resource Officers to use school discipline in place
of criminal justice.
Former M-DSPD Police Chief Hurley with son and wife
Another approach was the use of The Baker Act, to quantify
behaviors under health HIPPA law secrecy by assigning the students with
psychological problems. This allowed them to again use school discipline and
work around criminal reports.
Without the reports, the statistics would improve
immensely; And improve they did.
The final approach, to insure no-one would find out about
the manipulation, was to change the Standard Operating Procedure (SOP) for
inter-agency information sharing.
This new SOP was outlined by a communications directive
in 2010 forbidding the sharing of Miami-Dade School Police reports to outside
agencies without redaction. Officers had to send any and all requests through
the public information officer.
Hence, the furor of Chief Hurley when the Robles article hit
the press and cited police reports – Hurley smelled a leaker and launched an
investigation.
Ultimately the internal affairs investigation initiated by
Hurley led to his own firing, because the officers questioned told the internal affairs investigators the truth of
what was going on and outed the scheme.
One of the examples of this in action was the jewelry
incident and Trayvon Martin – as accidentally outlined in the Herald report.
But the Herald never knew their reporting had launched an internal affairs
investigation which led to the collapse of the scheme.
Meanwhile the stolen jewelry from the burglary
(PD111021-422483) was sitting on a shelf in the Property Room listed as
(2011-11477 “found items) gathering dust.
Until we started digging, and the FOIA requests revealed not
only the scheme, but the fact a victim was never made whole
with the return of their items.
That is, until now.
Yesterday we contacted Detective Manresa, assigned to the
burglary case, of the Miami-Dade Police Department to notify him some of his
victims’ stolen items were actually in the Miami-Dade property room:
Subject: Attn: Detective Omar Manresa [RE:
PD111021-422483 Burglary at XXXX XX XXXXX]
Dear Detective Manresa,
Per phone conversation of 4/30/13 @ 10:20am regarding
burglary incident #PD111021-422483
During the course of research surrounding an internal
affairs M-DSPD investigation in March/April of 2012 it coincidentally came to
our attention that School Resource Officer Darryl Dunn (Dr. Krop Senior High
School) filled out a report of items from a student’s backpack without criminal
attachment.
The internal documentation used by SRO Dunn only listed
the contents of the backpack as “found items” and a burglary tool. He was
trying to avoid subjecting the student [Trayvon Martin] to a criminal
investigation, therefore no criminal report, nor investigation was initiated.
This action by SRO Dunn was taken at the direction and
request of former M-DSPD Police Chief Hurley who had advised his officers to
avoid writing criminal reports on student offenders; Apparently in an attempt
to artificially improve the recorded criminal student statistics.
The internal report #2011-11477 never attached the stolen
property to the student who was carrying it when searched. The property was
taken to the custody of Carmen Gonzalez, Property Specialist, where it was
held, and still should be located.
The details surrounding this event are outlined in the
following sworn affidavits completed by members of the Miami-Dade School Police
Department. (they are extensive)
As mentioned, if you contact the victim of Miami-Dade
burglary #PD111021-422483, and review with them the property confiscated by
M-DSPD SRO Dunn listed under #2011-11477, we believe you will be able to return
at least a portion of the stolen merchandise.
Perhaps some of the items returned may have sentimental,
as well as obvious financial, value.
Right is Right Even If Nobody Does it; and Wrong is
Wrong, even if Everybody Does it…
Saturday, July 13, 2013
LIVE JURY JUST ASKED FOR MORE INSTRUCTIONS ON MANSLAUGHTER!
So Murder 2 is out of the question. They are now asking for more information on manslaughter. They have moved very far down the road... So its either manslaughter? Or Acquittal!!!
THUG, LAIR, TRAYVON MARTIN WAS NO ANGEL, GEORGE ZIMMERMAN IS NOT GUILTY!
THIS IS WHAT THE MEDIA AND PROSECUTION IS HIDING...
This is the hate in America everyone is accusing George Zimmerman about. So why is there no outrage about this young mans views. From his creepy ass cracker "comment" to his thug pictures, School suspensions, Drug use, Racist sites and other things that are hidden by the main street media , I.E. Liberal media who you all adore so much.The Chief of police was fired for not arresting Zimmerman and charging him. Then the Black head of the city replaces him with another black man and who then very publicly arrested him. Now prosecution hides phone records and then fires the guy who should have been protected by the whistle blower law. Obama and Holder send a team down to help encourage charges to be filed to what they believe a racially motivated crime. Then they find out he is Hispanic, so they label him a white Hispanic. The racism from the African American towards this man is like the MOB which Ann Coulter talks about in her book Demonic. So here we are a innocent man facing life in prison, and for what. Another thug they try to paint as a saint. White, Black, Hispanic or any other race if you act like a thug you deserve to be treated like one. Why is racism OK when another race does it to white people, or another race. There is a scary double standard in this country. I believe that the Left, Liberal Media, and leaders in the African American communities have failed their youth and their communities. I am talking about Jessie Jackson, Al Sharpen, Louis Farrakhon. There is an epidemic in these communities and no real positive influences that are hailed as role models. We stick to those that use and profit from the strife of the lower income areas.
Here we are a mans life hangs in the balance because of the agenda's of those who profit from Racism.This goes for all those who ever injected race into this case. Lets not forget Trayvon's friend she said its ok to use creepy ass cracker. So America pray these 6 woman make the right decision in this case or America with have gone back 20 years. In a last note :Race has not been more promoted then by the Obama administration, A president commenting on this case is a race fear monger and will never uplift anyone from any race.
800beacon.com does not only repair your credit, but erases some of your debt. We work directly with a law firm to ensure that all of your needs are met as a client and your rights are protected.
800beacon.com does not only repair your credit, but erases some of your debt. We work directly with a law firm to ensure that all of your needs are met as a client and your rights are protected.
In the court system, you are presumed innocent until proven guilty. However, in the credit system, it may feel as though you are guilty until proven innocent.
Thankfully, the law gives you the right to dispute any credit listing on your credit reports that you feel may be inaccurate, untimely, misleading, or unverifiable (questionable) items. If a credit bureau can't verify the accuracy of a disputed listing, then it must be removed from your credit report.
The Fair Credit Reporting Act (FCRA) gives you the right to accurate credit reporting. Exercise that right by having your questionable credit listings verified as accurate or removed from your credit reports according to the law.
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TCPA LAWS UPDATED!
New TCPA Rules Effective October 16, 2013
What is the Telephone Consumer Protection Act (“TCPA”)?
The TCPA[1] was passed into law in 1991. The Federal Communications Commission (“FCC”) is empowered to issue rules and regulations implementing the TCPA. Among other things, the TCPA allows individuals to file lawsuits and collect damages for receiving unsolicited telemarketing calls, faxes, pre-recorded calls or autodialed calls.
“Telemarketing” calls include those made by advertisers[2] that offer or market products/services to consumers. Purely informational calls and calls for non-commercial purposes are exempt from the FCC’s regulations.
What is an Autodialed Call?
An autodialed call is a phone call, involving a live person or pre-recorded message, that is placed using an “autodialer,” or automatic telephone dialing system, that can produce, store and call telephone numbers using a random or sequential number generator.[3] The autodialed call definition should be broadly construed in an effort to avoid unwanted litigation and regulatory action. For instance, if you are utilizing any type of call center software as part of your telemarketing operations, you may be using an autodialer within the FCC’s definition. If you are unsure, we recommend that you consult with an attorney who has expertise in telemarketing law.
What is a Robocall?
A robocall is a phone call that uses an “autodialer” system to deliver a pre-recorded telemarketing message.
Are SMS text messages to cell phones considered “calls” under the TCPA?
Yes. The TCPA applies to both voice and short message service (SMS) text messages, if they are transmitted for marketing purposes. The TCPA has been interpreted in recent years to prohibit the sending of unsolicited commercial text messages to cell phones – with limited exceptions (i.e., messages sent for emergency purposes).
What are the new TCPA Rules?
In a Report and Order approved on February 15, 2012, the FCC adopted additional protections for consumers concerning unwanted autodialed and/or robocalls. The changes to the TCPA are as follows:[4]
New Rule
|
Effective
|
What is the new requirement?
|
| Prior express written consent | October 16, 2013 | Unambiguous written consent required before telemarketing call or text message. Exception: calls that are manually dialed and do not contain a pre-recorded message are exempt from the TCPA. |
| No “established business relationship” exemption | October 16, 2013 | Established business relationship no longer relieves advertisers of prior unambiguous written consent requirement. |
1) Beginning October 16, 2013, prior express written consent will be required for all autodialed and/or pre-recorded calls/texts sent/made to cell phone and residential land lines for marketing purposes.[5]
Compliance with the E-SIGN Act satisfies this requirement, meaning that electronic or digital forms of signature are acceptable (i.e., agreements obtained via email, website form, text message, telephone keypress or voice recording).
Consumer consent must be unambiguous, meaning that the consumer must receive a “clear and conspicuous disclosure” that he/she will receive future calls that deliver autodialed and/or pre-recorded telemarketing messages on behalf of a specific advertiser; that his/her consent is not a condition of purchase; and he/she must designate a phone number at which to be reached (which should not be pre-populated by the advertiser in an online form). Limited exceptions apply to this requirement, such as calls/texts from the consumer’s cellular carrier, debt collectors, schools, informational notices and healthcare-related calls.
If a dispute concerning consent arises, the advertiser bears the burden of proof to demonstrate that a clear and conspicuous disclosure was provided and that the consumer unambiguously consented to receive telemarketing calls to the number he/she specifically provided. It is a best practice for advertisers to maintain each consumer’s written consent for at least four (4) years, which is the federal statute of limitations to bring an action under the TCPA. Evidence of Internet-provided written consent includes, but is not limited to, website pages that contain consumer consent language and fields, associated screenshot of the consent webpage as seen by the consumer where the phone number was inputted, complete data record submitted by the consumer (with time and date stamp), together with the applicable consumer IP address.
2) Beginning October 16, 2013, the “established business relationship” exemption for telemarketing autodialed and/or prerecorded calls to residential landlines will be eliminated.
In the past, advertisers could rely on an established business relationship (such as a previous purchase) to circumvent the need to obtain a consumer’s written consent to receive telemarketing calls. That exception to the consent requirement will no longer exist after this year. Advertisers will have to obtain written consumer consent, outlined above, even if they previously had a business relationship with the consumer.
What are the penalties for failing to comply with the TCPA?
The TCPA provides for either actual damages or statutory damages ranging from $500.00 to $1,500.00 per unsolicited call/message. In determining the final amount of statutory damages to award, courts analyze whether the defendant “willfully” or “knowingly” violated the TCPA. Considering that text message marketing campaigns often involve thousands to, in some cases, millions, of text messages, potential damages under the TCPA may escalate very quickly for SMS marketers.
Sample Website
Consent Language
| I hereby consent to receive autodialed and/or pre-recorded telemarketing calls from or on behalf of [ADVERTISER] at the telephone number provided above.[6]I understand that consent is not a condition of purchase. |
If you are in need of legal advice/assistance in connection with a prospective marketing campaign, we would be happy to speak with you. Please contact David O. Klein at 212.246.0900 or via e-mail at dklein@kleinmoynihan.com.
The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each marketing situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced telemarketing attorney.
[1] 42 U.S.C. §§ 227 et seq.
[2] For simplicity, the term “advertisers”, as contained herein, include sellers and those telemarketing companies that market sellers’ goods/services.
[3] 47 U.S.C. § 227(a)(1).
[4] Please note that two new TCPA regulations have already gone into effect: 1) interactive opt-out mechanisms must be announced at the outset of the message and be available throughout the duration of the call; and 2) advertisers must keep records of “abandoned calls” and average no more than 3% for each campaign over a 30-day period.
[5] The amendments to 47 CFR 64.1200 leave it open whether autodialed calls to residential landlines would be permissible under the statute, provided that a pre-recorded message is not used. However, the statute commentary makes it clear that the FCC explicitly intended to prohibit all autodialed calls to residential landlines and cell phones. It is a best practice to obtain written consent for all calls using an autodialer.
[6] The checkbox and phone number should not be pre-populated and the consumer’s phone number should appear on the same page as the consent.
For more information on how to enforce these rights please visit :
TCPA LAWS COMING IN OCTOBER
HERE COMES THE NEW LAWS:
By Cory A Grambart
few months from now, new cell phone consent rules will take effect. These new cell phone consent laws will change the outbound telemarketing industry. Beginning October 16, 2013, telemarketers, debt collectors, banks, anyone using the auto dialing equipment will need to scrub out wireless numbers before initiating outbound calls. Exceptions are very limited. The new FCC rules for calling cell phones are contained in the recently amended Telephone Consume Protection Act (TCPA).
The amended TCPA makes it illegal to initiate a telemarketing call using an automatic telephone dialing system (ATDS) or an artificial or prerecorded voice (robocall) to a cell phone without the prior express written consent of the person called. The FCC also explained what they mean by “prior express written consent.” Much of the so called “opt-in” data floating around in this industry will not meet the new rigorous cell consent standards.
Under the new cell consent rules, the telemarketer wishing to call a cell phone will first need to obtain a signed written agreement or e signed agreement expressly authorizing a specific entity to deliver auto-dialed calls or prerecorded messages for telemarketing purposes to a designated telephone number. The consent language must also inform the consumer that providing consent may not be a condition of any purchase. This type of consent is difficult or impossible for many telemarketers to obtain, thus creating the need for wireless scrubbing.
Under the new wireless rules, a safe harbor exists for companies who regularly scrub against a wireless number list every fifteen days. Telemarketers must scrub against both a list of cell-phone prefixes (wireless block file) as well as a list of land lines recently ported to cell phones (NeuStar ported list). If the telemarketer accidentally calls a cell phone without consent, they may qualify for safe harbor so long as they had scrubbed against the wireless number list within the previous fifteen days.
What about B2B? The new TCPA cell phone consent laws are not consumer-specific and therefore protect business cell phones along with consumer cell phones. For this reason, business-to-business telemarketers will need to engage in the same wireless scrubbing efforts in order to be TCPA compliant.
Why comply? Violations of the TCPA are punishable by fines of up to $16,000 per individual call made in violation. The TCPA also allows the consumer to bring a private civil action for $500 per violation—or three times that amount if the violation was willful. Telemarketers should act quickly to engage a wireless scrubbing vendor and not fall off the October 16 the new law starts.
The best company to call if this is happening to you. Please contact WWW.800BEACON.COM
Or call 561-800-2322
Thursday, July 11, 2013
ZIMMERMAN FOUND NOT GUILTY FOR THE MURDER OF TRAVYON MARTIN!
Possible race riots after trial!
racially-charged case that has attracted the attention of much of the nation, a not-guilty verdict could prompt people in Sanford and elsewhere to rise up, sparking fears that riots could emerge if the 6 jurors acquit the defendant.
II am here today to tell you that the prosecution did not prove its case beyond a reasonable doubt. This was twisted by the main street media to a race issue and they keep saying that he racially profiled Mr. Martin. Well I'm here to tell you that that is OK. We are allowed to profile people for our own safety and the safety of our family.
This picture above shows you what they want you to see and not want you to see. They by racially motivated hate want you to believe anyone who makes any assumption about someone of any color is wrong. I ask you to watch this video below and tell me what you think because i believe this will shed some light on the subject.
Well i hope we have given you more food for thought. There is one thing for sure I feel bad for Mr. Martin's family. Not for him he made decisions that turned out with his death. I also believe that there in no way they have presented a case beyond reasonable doubt. Zimmerman will, and i predict acquitted on all charges or will be granted a new trial. Please America we have to stand up to these people in the liberal media who want you to think that everything is racist and not just what it is a choice in a free country to profile. Profiling is OK. Will be done everyday and definitely done every day by most African Americans in this country. So if they can do it why can't we because they have a crutch called racism;
I believe that there is no racism that will prevent you from reaching your dreams in this country. So by allowing yourself to be marginalized by the Democrats and liberals in America no African American will break from the stereo types If they don't abandon the party that makes them dependent. Look at yourself, If someone doesn't like you of profiles you then maybe look at the culture you represent and illuminate. Look in the mirror. Why do you let other control your fate as we all do in this country if we fail we try again....
800 Beacon's "Top 20" Debt and Credit Myth Busters!
"Top 20" Debt and Credit Myth Busters!
If you've fallen behind on your bills (especially credit cards) and a debt collector is
harassing you, don't panic! You may have several good options available to you by simply
learning the truth about the top 20 debt and credit myths. These truths can be powerful
tips and tools for dealing with collectors who use illegal and unethical debt collection
tactics. Don't let a debt collector talk you into bankruptcy, into high monthly debt
repayment plans, or into borrowing against the equity in your home, regain financial
control and peace of mind by knowing the truth!
A debt collector MAY NOT (despite what they say):
1. Contact a third party about your debt for any purpose other than to locate you.
2. Identity the debt collection company name to a 3rd party without being expressly
asked.
3. Disclose to a third party a debt is allegedly owed.
4. Communicate with a single third party more than once.
5. Communicate or or attempt to communicate with you at inconvenient times or places.
6. Contact you at work after being told not to.
7. Communicate with you after receiving a letter from you (a) with a request they
cease and desist all contacts or (b) that you refuse to pay the debt.
8. Engage in harassing, oppressive or abusive conduct.
9. Use or threaten violence or other criminal means, or use obscene or profane
language.
10. Cause your telephone to ring repeatedly or continuously.
11. Use false, deceptive, or misleading representations or methods, including but not
limited to (a) falsely representing it is affiliated with the United States or any State;
(b) falsely representing the character, amount, or legal status of the debt; (c) falsely
representing or implying that nonpayment would result in arrest or imprisonment or the
seizure, garnishment, attachment, or sale of property or wages; (d) threatening to take
an action against that cannot be legally taken or that was not actually intended to be
taken; (e) falsely representing or implying that you committed a crime; or (f)
communicating or threatening to communicate false or likely false credit information.
12. Use unfair or unconscionable means in an attempt to collect a debt, including but
not limited to: (a) trying to collect an amount not expressly authorized by the debt
agreement/contract or other applicable law; (b) threatening to or actually depositing a
postdated check prior to the date on such check; or (c) taking or threatening to take
money or property where there was no present right.
13. Continue to contact you after receiving your cease and desist or request for
validation letter.
14. Force you to pay the debt prior to expiration of your 30 day right to dispute.
15. Sue you except in the county you signed the contract, you live or own property that
is the subject of the debt.
16. Falsely represent themselves as attorneys.
ALSO, A debt collector MUST (despite what they say):
1. Provide the notices required by 15 USC § 1692g either in the initial communication
with you or in writing within 5 days after.
2. Notify you in the initial communication it is "an attempt to collect a debt and any
information obtained would be used for that purpose."
3. Notify you during each collection contact the communication was from a debt
collector
4. Disclose the caller?s individual identity in every telephone call to you.
harassing you, don't panic! You may have several good options available to you by simply
learning the truth about the top 20 debt and credit myths. These truths can be powerful
tips and tools for dealing with collectors who use illegal and unethical debt collection
tactics. Don't let a debt collector talk you into bankruptcy, into high monthly debt
repayment plans, or into borrowing against the equity in your home, regain financial
control and peace of mind by knowing the truth!
A debt collector MAY NOT (despite what they say):
1. Contact a third party about your debt for any purpose other than to locate you.
2. Identity the debt collection company name to a 3rd party without being expressly
asked.
3. Disclose to a third party a debt is allegedly owed.
4. Communicate with a single third party more than once.
5. Communicate or or attempt to communicate with you at inconvenient times or places.
6. Contact you at work after being told not to.
7. Communicate with you after receiving a letter from you (a) with a request they
cease and desist all contacts or (b) that you refuse to pay the debt.
8. Engage in harassing, oppressive or abusive conduct.
9. Use or threaten violence or other criminal means, or use obscene or profane
language.
10. Cause your telephone to ring repeatedly or continuously.
11. Use false, deceptive, or misleading representations or methods, including but not
limited to (a) falsely representing it is affiliated with the United States or any State;
(b) falsely representing the character, amount, or legal status of the debt; (c) falsely
representing or implying that nonpayment would result in arrest or imprisonment or the
seizure, garnishment, attachment, or sale of property or wages; (d) threatening to take
an action against that cannot be legally taken or that was not actually intended to be
taken; (e) falsely representing or implying that you committed a crime; or (f)
communicating or threatening to communicate false or likely false credit information.
12. Use unfair or unconscionable means in an attempt to collect a debt, including but
not limited to: (a) trying to collect an amount not expressly authorized by the debt
agreement/contract or other applicable law; (b) threatening to or actually depositing a
postdated check prior to the date on such check; or (c) taking or threatening to take
money or property where there was no present right.
13. Continue to contact you after receiving your cease and desist or request for
validation letter.
14. Force you to pay the debt prior to expiration of your 30 day right to dispute.
15. Sue you except in the county you signed the contract, you live or own property that
is the subject of the debt.
16. Falsely represent themselves as attorneys.
ALSO, A debt collector MUST (despite what they say):
1. Provide the notices required by 15 USC § 1692g either in the initial communication
with you or in writing within 5 days after.
2. Notify you in the initial communication it is "an attempt to collect a debt and any
information obtained would be used for that purpose."
3. Notify you during each collection contact the communication was from a debt
collector
4. Disclose the caller?s individual identity in every telephone call to you.
More info at 800beacon.com
800beacon's "Can I Sue A Collector For Calling My Cell Phone?"
Can I Sue A Collector For Calling My Cell Phone?
For so many of us our cell phones are critically important. We sometimes say as long as we have our keys, wallets, and cell phones - then anything we forget can be replaced. So we always have our cell phones with us. Collectors know this - that's why they call our cell phones. Is it legal for collectors to call our cell phones? The short answer is "sometimes." Often times the Fair Debt Collection Practices Act (FDCPA) is violated. There are other powerful laws that are normally violated on a daily basis by 3rd party collection companies and 1st party companies like T-Mobile, Credit Acceptance, US Bank, Blockbuster and many others. When a collector violates this law, the collector can liable for $500 or $1500. Per call. Yes - the collector that calls you cell phone five times a day may be liable to you for $2500 or $7500. Per day. This is a powerful law and is one of the only ways to stop illegal collection activities against you. A collector has the right to collect a valid and legitimate debt. A collector has the right to contact us on our cell phone. But how the collector contacts us and what the collector says determines if the call was legitimate or illegal. So often collectors decide they can "cross the line" and break the law to collect a legitimate debt. But it is wrong to use illegitimate means to collect a legitimate debt.
Use Of An Auto-Dialer Against Our Cell Phones Is Normally Illegal
Auto-dialers or predictive dialers are the computer generated calls to your cell phone. When you pick up the phone, here are the possibilities as the computer looks for a human collector to transfer your call to:
Auto-dialers or predictive dialers are the computer generated calls to your cell phone. When you pick up the phone, here are the possibilities as the computer looks for a human collector to transfer your call to:
- There is a recording that greets you and says "Please hold for the next available representative";
- A human collector comes on after a brief pause and asks you "What is your name?" as they are trying to figure out who you are while their computer screen is pulling up your information;
- A pre-recorded message comes on asking you to "push 1 if you are [your name]" or asking you to call back a toll free number; or
- The call is disconnected or "dropped" if there is not a human being available.
Here's the deal Collectors use to manually make the calls. That is inefficient . . . so collectors normally have a computer make the calls. If you gave permission to the collection agency or the original creditor to call your cell phone, then it may be that this is appropriate to use auto-dialers against you. But if you did not give permission then using an auto dialer violates federal law. Sometimes when we sue collectors for doing this, the defense lawyers will say "Your client must have given her permission or else how would we have her cell number?" When I have responded that collection agencies can find cell phone numbers the lawyers act shocked that this information is available. "Surely in 2010 there is no way any company would have your cell phone number - that is private!" they say. . . .
They claim no one can find your cell phone number.
Considering that collectors can find out the name of your neighbor's dog (ok - a slight exaggeration) - it is no problem using the many resources out there to find your cell phone number. Welcome to the "Information Age" Mr. Defense Lawyer.....
They claim no one can find your cell phone number.
Considering that collectors can find out the name of your neighbor's dog (ok - a slight exaggeration) - it is no problem using the many resources out there to find your cell phone number. Welcome to the "Information Age" Mr. Defense Lawyer.....
What If I Gave Out My Cell Phone Number To The Collector? Revoke Any Permission You May Have Given To Call Your Cell Phone.
If you think you may have given permission to call your cell phone, revoke that permission immediately. We suggest sending a letter that sets forth your cell phone number and tells the collector they no longer have permission (if they ever did) to call your cell phone.
Send all letters certified mail, return receipt requested.
You can also tell them on the phone the same thing. A couple of points:
If you think you may have given permission to call your cell phone, revoke that permission immediately. We suggest sending a letter that sets forth your cell phone number and tells the collector they no longer have permission (if they ever did) to call your cell phone.
Send all letters certified mail, return receipt requested.
You can also tell them on the phone the same thing. A couple of points:
- Document everything about the call - who you spoke with, what you said, the time and date of the call, the number you called or that called your, etc;
- If the collector agrees to a recording - then record the call and document you telling the collector to stop calling you on your cell and that you revoke permission to call your cell phone; and
- It still is a good practice to send the certified letter we mentioned above.
Pre-Recorded Messages Or Machine Generated Voices To Our Cell Phones Normally Violate The TCPA
A pre-recorded message is simply a message that has already been recorded and is now being played for you. Either while you have the phone to your ear or it is left on your voicemail.
Sometimes this message is a human voice but it is not being left "live" but instead is "pre-recorded." Sometimes it is a computer or machine generated voice. Sometimes it is a combination.
You may have heard this before:
"This message is for [your name - said with a computer voice]. If you are not [your name - said with a computer voice] then please hang up. There will now be a five second pause."
It is doubtful that collector Bob was saying this "live" to you and pushing a button to insert a computer voice speaking your name.
The TCPA has the same requirements for these types of messages as it does for auto dialed calls - if you did not give consent or you revoked your consent, then these calls violate the TCPA.
A pre-recorded message is simply a message that has already been recorded and is now being played for you. Either while you have the phone to your ear or it is left on your voicemail.
Sometimes this message is a human voice but it is not being left "live" but instead is "pre-recorded." Sometimes it is a computer or machine generated voice. Sometimes it is a combination.
You may have heard this before:
"This message is for [your name - said with a computer voice]. If you are not [your name - said with a computer voice] then please hang up. There will now be a five second pause."
It is doubtful that collector Bob was saying this "live" to you and pushing a button to insert a computer voice speaking your name.
The TCPA has the same requirements for these types of messages as it does for auto dialed calls - if you did not give consent or you revoked your consent, then these calls violate the TCPA.
Collectors Can't Be Abusive Towards You On Your Cell Phone
Whether it is your home phone or your cell phone, a collector cannot be abusive towards you. This means the collector can't:
Whether it is your home phone or your cell phone, a collector cannot be abusive towards you. This means the collector can't:
- Lie to you (i.e. you are going to jail, etc);
- Treat you unfairly (i.e. threaten to sue you after the statute of limitations has expired, etc); or
- Treat you with a lack of respect or lack of dignity (racial slurs, profanity, insulting language, etc).
We discuss these types of abusive collection tactics in more detail in our Frequently Asked Questions On Creditor Harassment.
Voicemails On Your Cell Phone Can Violate The FDCPA
We discuss this in more detail in our article on illegal voicemails but here is a quick overview:
Voicemails On Your Cell Phone Can Violate The FDCPA
We discuss this in more detail in our article on illegal voicemails but here is a quick overview:
- Voicemails that do not contain the "Mini-Miranda" - which is "This is a call from a debt collector and is an attempt to collect a debt" violate the FDCPA (these are present in about 50% of the voicemail messages from collectors); or
- Voicemails that, as mentioned above, contain lies, unfair treatment, or communicate a lack of respect or undignified treatment of you.
Save And Document All Voicemails
As with any calls or voicemails, carefully document who called and when and what was said. Save all voicemails! Having the voicemail saved gives you proof that the collector actually did call you and leave a voicemail.
As with any calls or voicemails, carefully document who called and when and what was said. Save all voicemails! Having the voicemail saved gives you proof that the collector actually did call you and leave a voicemail.
If The Law Was Violated, Sue To Recover Money Damages And Stop The Abuse!
If you have received illegal autodialer calls, you may be entitled to $500 or $1500 per call under the Telephone Consumer Protection Act (TCPA). If the voicemail was threatening, revealed the debt to a third party, or did not contain the required mini-miranda disclosure ("this is an attempt to collect a debt by a debt collector" then the Fair Debt Collection Practices Act (FDCPA) has likely been violated.
If you have received illegal autodialer calls, you may be entitled to $500 or $1500 per call under the Telephone Consumer Protection Act (TCPA). If the voicemail was threatening, revealed the debt to a third party, or did not contain the required mini-miranda disclosure ("this is an attempt to collect a debt by a debt collector" then the Fair Debt Collection Practices Act (FDCPA) has likely been violated.
Thank you
More info at www.800BEACON.COM
More info at www.800BEACON.COM
Information provided by www.corygrambart.info www.Corygrambart.wordpress.com
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