Well the saga with CitiFinancial Auto is not over. As an update the Local Judge in the readers county would not allow them to take out a warrant against Manning Recovery, however he encouraged him to seek a civil claim. However, the reader was smart, they have recorded phone calls with CitiBank’s legal department telling them that they are breaking the law using a predictive dialer to call his cell phone without his permission. He informed them on numerous occasions not to call his cell phone. The transcript of the July 18, 2007 calls to Melva Vitela are available, but they give to much personal info to be shared here. Needless to say he warned her about calling his cell phones with predictive dialers.
Apparently their legal department and unscrupulous collection department do not share information, because after the July 18th notice there are three confirmed calls via a predictive dialer to the readers cell phone. There may have been others but these are the ones we have copies of.
Just click on the dates below to hear them:
If you listen to the calls you will notice that they do not even use the name of CitiFinancial Auto but the name of Arcadia, which they purchased a few years ago. In this readers home state it may be considered false and deceptive business practices, however each call lited above contains two violations each of The Telephone Consumer Protection Act.
The first obvious violation is calling their cellphone with a predictive dialer after being informed that they were breaking the law.
3 calls x $500 = $1500 but this amount will be trebled because they already knew that the owner of the cellphone did not want them calling his cellphones so just for that one violation it is $4500 that Citi Financial Auto will pay them.
The second Violation contained in each call is they did not give their true business name. They imply to call Arcadia for success. Through this subterfuge it appears to be a solicitation to a cellphone. 3 x $500×3= $4500 more dollars, when the reader prevails in court.
$9000.00 in damages in three calls not to mention the readers state laws which could cause that amount to treble. Making each call worth $4500 for a total of $27,000. This is on top of all of the other illegal calls to the reader.
I hope Citi Financial Auto is reading this and contacts the reader to settle this out of court.
- Disclaimer: The webmaster is not an attorney. Nothing read here should be taken as legal advice. If you are dealing with a situation such as this you should consult an attorney or research the law yourself.
