Communication tactics

Posted on Posted in Complaints, Debt collection, Finance

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Today I was contacted by Thunderbird Collections. I ‘ve attached screenshots of the caller Id from my cell. They explained that they were a debt collector and what the call was in regards to. My response to them was that numb er one I wa s at work and they responded that if I pay {$100.00} a month it will resolve the account, they basically ignored the fact that I was at work and concurrently asked them to please contact me in writing only because I work odd hours that they will never be able to get me by phone, yet they continue to speak, A violation under the fair debt collection practices act. **After the above had taken place I asked the gentleman if he was recording the call and he stated yes he was. At no time prior to me asking if I was being recorded what ‘s a given notice that this call may be recorded. This is a very serious violation under recording laws of the state of California and federal laws. This is a text book example of bona fide and certifiable class action lawsuit. I am going to file a lawsuit, but would like to give Thunderbird Collections the opportunity to resolve this matter before unnecessary Time wasted litigating. It is also going to beand we both know this to be true at the expense of Thunderbird as the provisions under the law provides for my attorney fees. ( a ) Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding XXXX XXXX XXXX XXXX dollars ( {$2500.00} ), or imprisonment i n the county jail n ot exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section or Section 631, 632.5, 632.6, 632.7, or 636, t he person shall be punished by a fine not exceeding XXXX XXXX dollars ( {$10000.00 } ), by i mprisonment in the county jail not exceeding one y ear, or in the state prison, or by both that fine and imprisonment. ( b ) Th e term person includes an individual, business association, partnership, corporation, limited liability company, or other legal entity, and an individual acting or purporting to act for or on behalf of any government or subdivision thereof, whether federal, state, or local, but excludes an individual known by all parties to a confidential communication to be overhearing or recording the communication. ( c ) The term confidential communication includes any communication carried on in circumstances as may re asonably indicate that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public gathering or in any legislative, judicial, executive or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded. ( d ) Except as proof in an action or prosecution for violation of this section, no evidence obtained as a result of eavesdropping upon or recording a confidential communication in violation of this section shall be admissible in any judicial, administrative, legislative, or other proceeding. ( e ) This section does not apply ( 1 ) to any public utility engaged in the business of providing communications services and facilities, or to the officers, employees or agents thereof, where the acts otherwise prohibited by this section are for the purpose of construction, maintenance, conduct or operation of the services and facilities of the public utility, or ( 2 ) to the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of a public utility, or ( 3 ) t o any telephonic communication system used for communication exclusively within a state , county, city and county, or city correctional facility. Please contact me to mediate asap! XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

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