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Pick up the Phone!
Posted By Dave Hoffman On December 20, 2012 @ 9:43 am In Contract Law & Beyond | 6 Comments
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!
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6 Comments To "Pick up the Phone!"
#1 Comment By brainfish2 On December 20, 2012 @ 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.
#2 Comment By Dave Hoffman On December 20, 2012 @ 10:47 am
That too
#3 Comment By Andrew On December 20, 2012 @ 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.
#4 Comment By A.J. Sutter On December 21, 2012 @ 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?
#5 Comment By Ross On December 22, 2012 @ 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.
#6 Comment By Sasha Romanosky On January 7, 2013 @ 11:02 am
Wait, Dave, did you actually read the CC agreement form? You must have been very bored!