United Cash Loans Collector called me drunk and cursing on the phone several times all night Miami oklahoma

It seems very likely that there may be some Pennsylvania statutes that they are violating, and those statutes (if any) would be the basis of your lawsuit.

My point to YOU, is that the FDCPA is NOT one of them in this situation.

I would agree that calling you on the phone and then calling you names constitutes harassment in probably every jurisdiction in the US, and by all means you should pursue that venue.

Just remember to read the FDCPA in it's entirety before you claim that the FDCPA is going to help you.

MOST OF THE PEANUT GALLERY IS RIGHT, THIS IS NOT COVERED BY FDCPA. THERE ARE ALSO NOT MANY STATE LAWS THAT COVER PAYDAY LENDING EITHER. A FEW STATES HAVE STRICK LAWS, BUT IN THOSE STATES, PAYDAY LENDERS EITHER DONT OPERATE OR OR BEHAVE THEMSELVES MORE. USERY LAWS DONT APPLY DUE TO PAYDAY LOANS BEING FEE BASED & NOT INTEREST BASED. BUT, IF YOU LOOK INTO HARRASSMENT LAWS, YOU MAY BE ABLE TO PRESS CRIMINAL CHARGES ON THE GUY THAT CALLED YOU.

I have talked to my states atty general, as well as a private atty, and both said I have the right to sue both the company and the individual. Some people just dont know the law and it is just that ignorance that leads to these collectors doing exactly whatever they want. If people would seek a professional answer instead of listening to dimmwitted bloggers who probably never leave the house. This problem would stop. I will post my docket# as well as the progress of my case for the intelligent folks who would like to know some real facts other than from these (obvious) early 20 something social misfits who never leave the computer. I will keep you all posted.

but by all means, since you feel your case is so ironclad, you will have no problem taking them to court and posting the docket number and court the case would be held in so we can all bask in your inevitable victory right?

FDCPA is for THIRD PARTY collectors. United cash is the FIRST PARTY creditor. THEY are trying to get THEIR OWN cash back.

Here's an actual link to the FDCPA.

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

It appears to me that it applies to Debt Collectors but not to Creditors.

They then define Debt Collectors as 3rd party collectors and Creditors are the original lender.

Unless there is something different in the State Law it is apparently correct that only 3rd party collectors are affected.

because they are the party that loaned you the money. If they were to sell your debt to a third party collector, then the FDCPA would apply.

Jamall. You need to read the definitions section of the FDCPA.

The FDCPA does not define a person or company which is attempting to collect monies owed to THEM as a debt collector - they are defined as a CREDITOR.

The restrictions of the FDCPA apply to people/companies that are attempting to collect for ANOTHER party -defined as a DEBT COLLECTOR.

The exception to this is California because of the Rosenthal FDCPA (CA state law) which applies some of the restrictions of the federal FDCPA to certian creditors doing business in CA.

The FDCPA applies to ALL debt collectors. Look it up online. Also contact your local investigative news stations. They would LOVE to do a report on TV. And the only real remedy to have this company held responsible for their employees. And yes, contact your states atty. generals office, as I'm sure they will also remedy this situation for not only you but everyone else as well.

The FDCPA applies ONLY to 3rd party collectors, not to United Cash Loans. I don't agree with anything this company does, but you need to get your facts in order here.

Jamall,

You dont have to pay, several states including yours have Usery laws, as well as harrassment by communiction laws. UNITED CASH LOANS will stop calling you, and you can make some xtra cash in the process. Heres how, Contact your states attorney generals office, as well as their states attorney generals office. Tell them your situation, let them listen to the tapes of this idiot, and show them your caller id's list with his personal name and number on it. They will handle the company from there. Also, they will inform you that you are now able to sue the company as well as the individual collector for harrassment, breech of contract, and a host of other things. There is something called The Fair Debt Collection Practices Act. (FDCPA) and this company can/will be shut down if you pursue these matters, and you can get enough money to never have to borrow again. Also contact your local Police dept.

Located in Miami, OK. Indian reservation. No license to lend outside of reservation. Contact Pennsylvania Dept. of Banking. 717-214-8343.
Jim Keiser, Administrator. Log onto paydayloaninfo.org. Has all states lending laws.

Jamall,

I recommend you borrow the money from a firend or relative, or get a second job and pay back the $200 and any fees or interest. United Cash Loans will not stop harassing you until you pay them what is owed to them. They cannot write off the loan because if 1,000 people owed them $200, then they would be out $200,000. All those thousands of people whose homes were foreclosed had their credit background destroyed by not paying their home loans.