Pick up the Phone!
posted by Dave Hoffman
From Redstone Federal Credit Union’s credit card agreement:
“Collection. If your Account should become past due, or otherwise in default, you will accept telephone calls from us regarding collection of your Account. You understand that the calls may be automatically dialed and a recorded message may be played. You agree that such calls shall not be “unsolicited” calls for the purpose of state or federal law.”
Translation: screening us is breach of contract!
December 20, 2012 at 9:43 am
Posted in: Contract Law & Beyond
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Responses (6)
brainfish2 - December 20, 2012 at 10:42 am
It’s probably more accurate to say that it’s a waiver of the right to sue for “Do Not Call list” violations.
Dave Hoffman - December 20, 2012 at 10:47 am
That too
Andrew - December 20, 2012 at 1:45 pm
Probably even more accurately, the Federal Debt Collection Practices Act, which only bars collections phone calls without consent. I’d think the Do Not Call List is more for telemarketers than collectors.
A.J. Sutter - December 21, 2012 at 9:49 am
Is this enforceable? What if all issuers of credit cards put this into their agreements, so there wouldn’t be any alternative? Could some protections of the statute simply be waived out of existence?
Ross - December 22, 2012 at 7:12 pm
The FDCPA covers debt collectors, not original creditors, such as the credit union (though the line between the two occasionally becomes fuzzy). Still, quite an interesting waiver.
Sasha Romanosky - January 7, 2013 at 11:02 am
Wait, Dave, did you actually read the CC agreement form? You must have been very bored!
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