Asset Acceptance Collection attempts lawful?

dedelman · Jun 28, 2008, 01:12 PM

47 USC 415 applies if the debt is within the scope of the Federal Communications Act, which covers all cellular and wireless communications and interstate and foreign landline communications. The issue is presented in a class action pending in Chicago.

Fr_Chuck · Jun 28, 2008, 05:58 PM

And it is about "over charges" where you were changed too much and want to sue the telephone companies for your money back. It limits the time you can make claim against them, that is what I read into it.

So unless this was over charges you want them to pay you back, your state statue of limiation on this bill would be the factor the court will sue.

dedelman · Jun 28, 2008, 06:21 PM

No, 415(a) applies to collection actions by carriers and anyone claiming to be the assignee of a carrier. The other subsections apply to overcharges.

TruckerDan · Jun 29, 2008, 05:41 AM

Quote:

Originally Posted by Fr_Chuck

And it is about "over charges" where you were changed too much and want to sue the telephone companies for your money back. It limits the time you can make claim against them, that is what I read into it.

So unless this was over charges you want them to pay you back, your state statue of limiation on this bill would be the factor the court will sue.

(a) Recovery of charges by carrier
All actions at law by carriers for recovery of their lawful charges, or any part thereof, shall be begun within two years from the time the cause of action accrues, and not after.

This is the part that doesn't jive with your statement. If I read it right, it relates to all charges BY the carrier. I am guessing the statute was set this way because the telcos wanted protection, and the FCC made it a two way street. We can't sue them past 2 years, nor can they collect past it, unless an extension is in effect, as spelled out in the law.

Asset Acceptance Collection attempts lawful?

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