FREDERICK J. HANNA VIOLATES Cease & Desist

[OHBOY]

Following the usual '...30 day' letter, in April of this year I sent a Debt Validation request to FREDERICK J. HANNA & ASSOCIATES, P.C. of MARIETTA, GA along with a 'Cease & Desist'.

Interestingly enough I continue to get phone calls, and voice messages, from them. I have not been answering the phone...Is it time to write again, or answer the phone and record ? I welcome suggestions.

[OHBOY]

Follow up on post:
well, wife answered the phone when Hanna's office called, lady did the usual song and dance about it being a 'personal matter', and wanted to speak to me...(didn't question who my wife was ...). Wife put them on hold & got the copy of the return receipt from mailing the DV & CD, was about to give caller the details..but, only got as far as saying: 'A Cease & Desist order was sent to your office'...at which point caller interrupted, stating: 'we never received one'...and, with that...caller hung up....

[WhatMoney]

Nothing new about Fred Hanna & Asses. The have an F rating with the BBB and thousands of consumer complaints. They will never admit they have your C&D letter. They also know the chances of you sueing them for FDCPA violations in Federal court are about zero. It is how they do business.

The GA Supreme court has finally (yesterday) ruled on a lawsuit from the State of Georgia Consumer Affairs Office vs Fred Hanna. Hanna won.

Supreme Court affirmed the trial court’s denial in a 4-3 decision (Melton, Hines, and Nahmias dissenting). In an opinion by Justice Carley, the majority found that the representation of clients by a law firm did not come within the scope of the Fair Business Practices Act, and the only remedy if the law firm’s employees engaged in wrongful conduct was under the Rules of Professional Conduct administered by the State Bar and the Supreme Court. The majority found that there is no direct connection between violations of the Federal Trade Commission Act and the state Fair Business Practices Act.

In a lengthy dissent authored by Justice Melton, the dissenters found the Fair Business Practices Act is a generally-applicable law that is unrelated to regulating the practice of law. The dissent found that investigating violations of the law by lawyers does not automatically equal the practice of law.

[GoingDown]

If you want to sue them, begin recording their phone calls for evidence. Clearly state the date and time of the call, and get as much information about the caller as possible-- their name (probably a desk name), who they work for, their call back number and extension, what they are calling about, who they want to speak to, etc.

Even if you don't plan on suing them, that recorded information can be used against them if you file a complaint against them with your state's attorney general office.

And you can simply send them a letter demanding payment from them in the amount of $1000 in statutory damages for violating the FDCPA. Send a copy of the certified mail receipt and a printout from the U.S. Postal Service showing when the cease and desist letter was delivered, along with a copy of the phone calls they made to you after the date they received your cease and desist letter in the mail, along with a phone log noting the dates and times they called you. At the very least, it will probably get them to stop calling you.

[catleg]

Nothing new about Fred Hanna & Asses. The have an F rating with the BBB and thousands of consumer complaints. They will never admit they have your C&D letter. They also know the chances of you sueing them for FDCPA violations in Federal court are about zero. It is how they do business.

The GA Supreme court has finally (yesterday) ruled on a lawsuit from the State of Georgia Consumer Affairs Office vs Fred Hanna. Hanna won.

This kind of decision is really disturbing.

Some of these judges just can't see their nose in front of their face.

[whyme]

Take pictures of the caller ID, record their phone calls and file a complaint with your state's Attorney General. You can sue them and I definitely would. I'd send them another CD letter reminding them they're breaking the law everytime the phone rings and it's them on the other end. I'd also inform them that you're keeping very accurate records of everything regarding your account.

[OHBOY]

THANKS (!) everybody for your input. Sure is all very interesting...

Didn't mention before, but 2 days ago also got a phone call (did not answer) from UNITED RECOVERY SYSTEM /HOUSTON/TX. who also, like HANNA violated a 'Cease and Desist' request I had sent them in March.

They left one of those messages that HANNA too was leaving: 'This phone call is for (name), if you are not (name) hang up...this message is from a debt collector'


The phone was quiet yesterday. Not one single phone call from anybody (!!!)...downright spooky...I am bracing for the 'big storm' of summons and closed down checking account..
Everything of mine is 'exempt', and still in no rush to file...

Just to make sure it stays quiet, I will send both, HANNA & UNITED another C&D.

BTW: I sent out a total of 11 DV's with CD's ( one more to send later this month..), and NOBODY responded to DV request... oh well....

Stopped paying cc August & Sept. last year...

Will keep you all posted.

[catleg]

Cease and Desist letters shouldn't mention a specific account, or should include language saying "this account, xxxxxxxxxxx, and any other alleged debts".
I think places like United Recovery play cute with you when they get multiple accounts of yours. Cease and Desist should protect you when, for example, they are calling you about an account that's not yours. If all you want is not to get called, forget DV and go straight to CD.

[OHBOY]

quote by 'catleg':"I think places like United Recovery play cute with you when they get multiple accounts of yours."


I follow what you are saying and it certainly is good advice, but I should clarify that in my case each debt collector only holds one account, not multiple different ones.

[catleg]

They could just be skunks too. :-)