People's Bank has previously been notified that
we are represented by legal counsel regarding our
credit card APR "adjustment" dispute.
they can't legally contact us directly, for ANY
reason: to do so is a violation of both state law and the
Fair Debt Collection Practice Act.
so why are
they calling me ? just got a call from a little snit
of a woman who demanded to know when we were going
to pay them, said I had to explain the dispute to
her (bullsh*t), said she would enter "uncooperative"
into our file and make a derogatory credit report
filing (oops, that's a Fair Credit Reporting Act
violation !), and then stated that People's Bank COULD, and
WOULD continue to call me - she didn't care if it was
legal or not !
good thing the whole conversation
was trapped, traced, and RECORDED (in accordance with
state law of course)
got you, A-holes
amongst all the other crap we've put up with so far, we
now have them on INTENTIONAL violation of a number of
state and federal laws.
so, this is how it is
going to play. as part of our civil suit, we're going
to be claiming a charge for EACH and EVERY call
People's Bank makes to us (whether the phone is answered
or not). and, just to make it interesting, in
addition to punitives, we're going to ask for an
injunction barring PBCT from conducting further business in
this state until the AG completes an
this "bank" (more like cesspool) stinks !
just watch what happens to Marky Vitelli, and his
arrogant crime bosses when the sh-t hits the fan in a few
weeks. ever see what rats do to each other when
confronted by fire?
ought to be fun to watch. sure
glad I don't have a stake at risk in this podunk
Despite his self-portrait as a Quixotic figure
selflessly tilting at corporate windmills for the benfit of
us all, I believe that he is just trying to get
himself a settlement. If all he says is true, then PBCT
needs to clean up its act; but that can be said of
almost any large organization. But until he can show
that somehow there was actual and substantial damage
done (and I do not include inconvenience in that),
then he is just cluttering up an already overburdened
By the way, I enjoy reading your
posts. Just out of curiosity, how much time do you spend
on the Web a day?
I believe y_chromosom previously quoted "a
seven-figure punitive" as his goal (see post #418). Maybe he
can clue us in about how he arrives at that
An individual action under TILA could yield (if
successful) the actual monetary damages (which could be
virtually nil), plus statutory damages of $100 to $1000,
plus attorney's fees (yeah, those lawyers always get
the dough no matter what, don't they ;-) The class
action route has no individual minimum, total amount is
at the discretion of the court, and it all maxes out
FDCPA = actuals (no min/max
limits), discretionary punitives (max $1000), attorney
FCRA = actuals (min $100 max $1000), discretionary
punitives (no limit), attorney costs
Some of these
laws do have backlash rules to charge the defending
legal expenses back onto the person who brought the
action, if the court deems it to have been brought in bad
faith, but would you really expect that to come into
And at the other extreme end of the
spectrum, we have also heard claims of "contract breach",
"conspiracy to defraud", "racketeering", etc., but this too
seems a bit far afield.
Yes, You, could be right in that case I, hope He
makes a killing. I, personally am only interseted in
$$, I wish no one to lose money in this mhc, but,
thier is almost a certain outcome of this happening
with the people in command presently. I hold positons
in numerous stocks,mutuals, reit, and over the years
have seen some real abortions out there, but, these
people take the cake. LOL J. This should be trading in
the 35/40 range WHY NOT,eom.
In what state will you be asking for an
injunction? I am at a loss to comment further, since on its
face the incident you describe seems like a textbook
case covered by 15 USC 1692c(a)(2). Don't forget
Hanlon's Razor (see post #475 on this board). The smart
approach here would be to handle your account with kid
gloves, in the legal department, rather than let the
telephone agents run with it.
As far as recording
telephone calls goes, you might want to check out
http://www.aclu.org/issues/cyber/phonelaw.html because the law does vary from state to state on
this. Presumably interstate calls would require
compliance with the laws of both affected states.
on the face of it, it is OUTRAGEOUS. a clear
violation of all applicable state and federal
we're up to 2 calls a day from these
FYI, our telephones are regulated by state PUC: we can
record incoming calls without advance notice here. CT
laws have no applicability. federal laws, regarding
intentional use of an interstate telephone line to commit a
crime (FDCPA violations) may apply. we're checking with
however, on advice of counsel, I tell
these a-hole callers, "this call has been trapped and
traced, and is now being recorded / anything you say will
be used against you in a court of law / you
acknowledge that you have made this call in violation of the
Fair Debt Collection Practices Act"
STILL go on, playing 20 questions and conducting their
illegal collection activities as though nothing was
happening. talk about hanging themselves.
is going to be taken as a separate FDCPA violation.
I may be able to retire before we're done with this
the whole matter has been reviewed
by a consulting attorney who specializes in banking
law. his conclusion: PBCT is WAY over the top, with
absolutely NO defense. they're going to get crucified in
and, I've got a team of lawyers champing at the bit.
they can't wait to get this case before a jury, just
to make an example of People's Bank, and set a
precedent that can be used against the other userious
if I had a financial stake in
this bank, I'd be sh-tting my pants about now. PBCT is
going to be taken down hard, and the financial
repercussions may hurt you shareholders.
so, now you've
been warned. don't come back whining when you take a
beating with this worthless excuse for a
don't worry dglowny, I'm having no
direct contact with these criminals. I'm letting the
attorneys run with it, and they will make PBCT pay for
their efforts (legal expenses are recoverable under the
cardholder agreement: it aint going to cost me a dime
what do you think the other state AGs will do if PBCT
is barred from doing business in this state ?
(sorry, not going to tip my hand publicly at this time
and tell you which state). I see nation wide action
against them as a possibility. RICO ! RICO ! RICO
maybe someone needs to take those a-holes Vitelli,
Morriss, and Klein out behind the shed and whip their
sorry, criminal butts !