Chosen by Asker

Call your credit card company. If they are breaking the law, the finance company could lose their ability to accept payments by credit card.

by Bill M

6 months ago

Asker's Rating: 

Hmm, I would contact the Federal Trade Commission and the Better Business Bureau about this.

by aplbtm83- 6 months ago

If there is truly a law in your state that forbids that AND it applies to this company, you should contact your state's Attorney General's office. Get the code number on that law first if you can as that will make it easier for the AG's office to reference. As for the little "love visit", while not exactly a violation of the Fair Debt Collection Practices Act, it certainly pushes the boundary, although ANY verbal harassment and foul language or threats is clearly a violation. Write a letter to the finance company and tell them that they are not to appear in person at your residence or place of employment in the event of a missed payment and that failure to comply is a violation of the FDCPA 15 USC 1692c (the section that controls communication with you in collecting a debt; it's a Federal law, enforceable in any state.) Any further violation will make them liable to legal action for which you are entitled to damages as great as $1,000 plus attorney's fees if they are found guilty. Send them that letter by 'certified mail return receipt requested' so you have proof that they received it, that someone signed it and date/time. In the meantime, just set yourself a reminder far enough in advance so you never have to call it in and you won't have to put up with this anymore. Can you refinance the car through another lender? That would get them out of your hair altogether.

by jle4044- 6 months ago

There isn't any law but Visa and MasterCard forbids charging extra for the using of a credit card (others such as Discover and AMEX do not forbid such practices). If you want to launch a complaint, you will have to file the complaint with the credit card company but the best that will happen will be that your lender will no longer be able to accept credit cards. Any merchant that accepts credit cards pays 5-50 cents plus 2%-4% of the transaction amount. If they didn't charge you for the transaction cost, they would have to include it in the interest rate to compensate for that amount. Some of the business that charge extra for using a credit card include the US government, gas stations, small shops, etc. Even though you wanted the money, you now seem to be upset when you don't read the Terms and Agreement, make late payments, and don't look at your bills.

by Michael T- 6 months ago

To begin with, what one person posted is incorrect. The FDCPA does not cover original creditors. What that person said to send will not work and will only serve to make you look like an idiot who has no clue as to what your rights are. With that being said, FL does have it's own version of an FDCPA that not only covers collectors but also original creditors. Though what the original creditor had done would probably not be considered harrassment. Yes it is illegal in FL for a fee/surcharge to be added to a "sales or lease" transaction. Florida Statute Title XXXIII. Chapter 501. 501.0117 Credit cards; transactions in which seller or lessor prohibited from imposing surcharge; penalty. What you are dealing with is not a sales/lease transaction, but a loan payment transaction. Plus, if you are making the payment by phone and/or through a 3rd party then a fee would be legit. (3rd party would be a company the finance company hired to accept payments in the finance companys name) Almost all companies, including credit card companies, charge a fee for payments "made by phone", read your contract/terms & conditions. To avoid further charges, in the future you should pay in person or by mail.

by echo- 6 months ago

There is no such law. Charging a credit card fee may be in violation of their merchant agreement with Visa/Mastercard, but all you can do is complain to Visa/Mastercard. You won't be getting a refund. It is rather common to be charged a fee for using credit cards. Local governments in my area add a $3 or $4 fee if you put your car tags on a credit card. By the way, the FDCPA does not apply to original creditors. It only applies to third party collection agencies. The lady coming to your door to collect was not violating any laws. It sounds to me like they deal with a lot of extremely high risk credit.

by bdancer222- 6 months ago

If you paid income or property taxes with a credit card, you would pay an extra fee. If you make a payment to a credit card at your bank by phone, you would likely pay a fee, even if drawn from your checking account. In fact one credit card used to charge a $15 fee if you initiated a payment to their credit card from their website. So are you sure it is a fee for using a credit card, or could it be a convenience fee for payment by phone? It costs money to have people on call for instant service. If you do not like that, you are perfectly free to go to your bank and take a cash advance on your credit card, which would likely cost you 3-4% ($5.00 minimum) plus a higher interest rate immediately than you likely pay on your loan.

by efflandt- 6 months ago