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People's United Financial Inc. Message Board

  • y_chromosom y_chromosom Sep 18, 2000 9:24 PM Flag

    intentional violations of law

    People's Bank has previously been notified that
    we are represented by legal counsel regarding our
    credit card APR "adjustment" dispute.

    as such,
    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

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    • 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
      court system.

      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
      at $500K.

      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
      play here?

      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 because the law does vary from state to state on
      this. Presumably interstate calls would require
      compliance with the laws of both affected states.

      • 1 Reply to dglowny
      • 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
        FCC now.

        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"

        and they
        STILL go on, playing 20 questions and conducting their
        illegal collection activities as though nothing was
        happening. talk about hanging themselves.

        each call
        is going to be taken as a separate FDCPA violation.
        I may be able to retire before we're done with this
        ignorant fools.

        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
        credit providers.

        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
        criminally-infiltrated "bank".

        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 !

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