QUESTION

I leased a cell phone one day and returned it the next day. Paid a $50 restocking fee. Never heard again from the cell phone company.

Asked on Nov 21st, 2011 on Business Law - Arizona
More details to this question:
I was told that I had 30 days to return the phone, no questions asked. This was on 12/13/2010. On 12/14/2010 the phone was returned. The reason for the return was that the phone did not work at my new address. In August 2011, I went to a credit union and applied for a new mortgage on my new residence and after the credit union pulled a credit report, I was told that the cell phone provider "charged off" my account in May 2011, and sent the account to a collection agency. I still didn''t hear from the cell phone provider until I received a phone call from the collection agency in September asking me for an additional $58. I asked the collection agency to verify the debt and all they said was that they have no information from the cell phone company to do that. I did pay the collection agency the additional $58 just to clear my credit, and also mailed a letter of dispute to all three credit bureaus. The cell phone company violated the FDCPA by not informing me of the debt.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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The FDCPA applies to third-party debt collectors collecting the account of a creditor, not to a creditor collecting its own debt (except under circumstances not applicable to your circumstances).
Answered on Nov 21st, 2011 at 10:05 PM

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