Page 17 - CARS Standard Program

(3). Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, or harass in an attempt to repossess collateral.
Example of repossession case law: In Cynthia M. Kueter v. Chrysler Financial Corporation et al, the debtor (Kueter) claimed she received a telephone call from a woman who identified herself as a lawyer for Chrysler asking for directions to her home for the purpose of delivering a Federal Express package. Soon after, a Chrysler representative reneged on a prior agreement arranged with Kueter and another Chrysler employee threatened to have her arrested. Kueter alleged she later received another call from a Chrysler employee who also threatened to have her arrested if she refused to disclose the location of the collateral. Still later, Kueter alleged she received a phone call from someone claiming to be a “skip-tracer” hired by Chrysler. That person told her “they were up the road and were going to come.” Approximately 20 minutes later, two men with walkie-talkies and a dog trespassed on her property. The Court stated, in part, “the facts raised a genuine issue of material fact with regard to whether Chrysler, in its attempts to collect on the debt, threatened criminal prosecution and used or threatened force or violence”. This was a clear case of Harassment and abuse.
Example of repossession case law: In Deavers et al v. Standridge the debtor was late on his payments and went to the dealership to make the late payments. The payments were refused, the car was blocked in, and the debtor was told he could “walk his ass home.” The Court ruled that the combined acts of blocking the vehicle and the offensive language were sufficiently provocative of violence to constitute a Breach of the Peace.
Example of repossession case law: In Robertson v. Horton Brothers Recovery, Inc., the debtor informed the dealer that the car engine failed and that she would not continue making the payments until the car was repaired and that the vehicle was located at a local car dealership. Defendant, Richard Baxendale, representing the seller harassed the debtor and her family in an attempt to repossess the vehicle. The Court ruled that Horton Brothers Recovery violated the FDCPA and the Uniform Commercial Code (UCC); the violations being trespass, assault and invasion of privacy, negligence, defamation and intentional infliction of emotional distress.
Section 1692e: False or Misleading Representations
It is a violation of this Section for a recovery agent to use any false, deceptive, or misleading representations or means such as the following in an effort to repossess collateral:
(1). Falsely claiming to be a police officer, or affiliated with the United States or any State, or displaying any badge, or uniform, etc. that would imply such connection in an attempt to repossess collateral.
(2). Falsely representing himself as an attorney in an attempt to repossess collateral. (3). A threat to attach the consumer’s wages if the consumer refuses to give up the
collateral.
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