[jtucker]

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Actually, NO one is obligated to revel personal information to ANYONE over the phone (Name, address, zip, etc..). It is a responcibility of a "LEGITIMATE" company to at the very least to identify their company name, and address if asked by anyone if called. There are too many "Scam artist" and Identity theives out there to not be able to know EXACTLY who you are talking to.

Also, the fdcpa states:

§ 804. Acquisition of location information [15 USC 1692b]

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --

(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

(2) not state that such consumer owes any debt;

(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;

(4) not communicate by post card;

(5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and

(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to the communication from the debt collector.


Section § 804.1 applies in this case and § 804.3 also.

AND this section may also apply in the case:
§ 806. Harassment or abuse [15 USC 1692d]

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.

(4) The advertisement for sale of any debt to coerce payment of the debt.

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.


Section § 806.5 and Section § 806.6 may also apply.

So choage, you are mis-informed and wrong.

Jerry

[roxette]

Hi Jerry

You have said it all very nicely as per the law. Good going and keep it up

Roxette

First of all, there is no "Do not call" list for collections, that only applies to sales and solicitations (not including charitable organizations...they too are allowed to call and are not part of the "Do not call" list). Secondly, you're only hurting yourself if you have a privacy manager or an unlisted # because more often than not, debtors get these because they know they're in debt and are trying to stop the calls. Just be truthful if you are not the debtor and do not know them and that will get your # removed. Check your phone # listing and make sure it's not registered under someone else's name, that may be part of your problem for getting calls with a phone # that a debtor had before. Also, if you are in debt, your minimum payment that you were making before no longer applies when it goes into collections...the interest itself will eat a $20 payment per month alive. If you didn't think you would be able to make the payments every month when you got the card, then you shouldn't have entered into a contract with a credit card company, phone company, or otherwise. Unfortunately, many of these companies do have it legally hashed out in the contracts that you sign that they have the right to add late fees, overage charges, and interest in the event that you go over your balance or miss your payment. Next time, read your contract first and don't argue that you only owe, for example, $300 because that was your card limit...you forfeited the right to argue that when you didn't pay for 6 months (that's usually how long it takes to go into third party, versus in house, collections, depending on the company). Although pride may be a factor, you may consider borrowing money, paying off the bills you have, then worrying about paying your friends or family back later, interest and fee free (and before your account goes into default). Remember, you're only hurting businesses by not paying, which ultimately may cause them to have to let go of workers...if you also lost your job and that is the reason you couldn't pay, you're just making other people lose their jobs in the long run, especially if companies go under because so many people don't think they have to pay....when you take on a bill, you take on a responsibility. In the case of a loan or a credit card (which is also a loan, that's what credit is), you eventually have to pay it back and you are going to get charged to use their money, in the form of an interest rate, unless there is an intro apr, for example. On another issue, bankruptcy, the laws are changing. It was announced in the news a few weeks ago that the government is working on changing the laws so that it will be effective by the first of the year, 2006, that if you do bankruptcy once, that's it, no 7 year grace period, no other chances. So, I recommend to all those young people out there with debt, do whatever you can to get it cleaned up now so that you can insure your credit future for a home, car loan, and most importantly, for your children. It's all about prevention so that you won't have to deal with collection calls. For those of you on social security and disability, I empathize with your situations, but do not use these as an excuse for not paying the bill. If you're on a fixed income of any type, a credit card or loan is probably not for you, even for a small amount. Try to work within your means, don't extend your budget with another debt that you will have to pay back. These things are for emergencies and not for robbing Peter to pay Paul. Eventually, the domino effect of robbing Peter to pay Paul will hurt more people than you think it is helping. For those of you who are in debt because of unforseen circumstances that will eventually be fixed (ex sudden death, illness, job loss, etc), you can refinance your house instead of selling it...you may also be able to find help with some non-profit organizations that are dedicated to getting people back on their feet (but not including credit consolidation, they don't pay enough each month to get your bill down, you're better off just trying to work it out with the collection agency or company to whom you are indebted). Trying to work it out with the original creditor once your account is already in collections is also difficult, if near impossible, most creditors won't even talk to you and will send you right back to the collection agency...they sent your account there in the first place for a reason.

Well, that's about all I have to say for now, if I think if anything else, I will post it. I hope that the information contained in this posting will be of value to both collectors and debtors, shedding some light on a difficult, yet resolvable, situation. I hope these tidbits that I have shared will help make the process easier and help to make collector/debtor relations smoother for both parties.

Happy credit cleaning!

PS-->although I do not have accounts in collections, I do have my share of credit card debt and loans...it is overwhelming and I eventually asked for help from my family who forked over more than $1000 to help me wipe out my debt. Although that did not eliminate all the debt, I am working hard to pay more than the minimum a month, reduce my own interest rates through constant calls to the people whom I owe, and simply not using the credit that has been given to me...if I don't have the money and it's not a need, I don't buy it. Cash is the best way to go, or debit cards that have the $ coming right out of your account...it's as good as cash to me!

jtucker,
Just because you can quote the fdcpa does not make choage incorrect. Yes, there are scams out there, but collections is also a process that has to be done and, if you want to quote the FDCPA like that, I can tell you that is all choage was saying that they need to do(based on the first 2 parts that you quoted), verify the information and then they'll be done...if you aren't going to verify your address (which anyone could figure out if they felt like driving there) or your name, without your dob or ssn being revealed (which is really what scam artists would need to get your identity), then they have reason to believe that the people are screening the calls and the debtor is there....just saying wrong # and hanging up doesn't do anything either. There is such a thing as a middle ground where you can cooperate with the questions, first making sure it's not a sales call, without giving out any of the information that would be needed for a scam. Seriously, if someone wants to scam you, they would have done it by now without you revealing your info over the phone. If anything, the blame shouldn't go on the collection agency but on the debtors who set the precedent for screening, making the job of the collector more difficult in determining whether or not he/she is calling the right person. Collectors don't want to be calling the wrong person anyhow, it doesn't get their job done. I recommend to debtors to update their information with the companies they owe so that other people do not get calls in their stead. Show a little altruism!

[roxette]

Hi Guest,

Welcome to the forum. I read your post and feel that you have a strong reason to oppose when the information of debtors are not updated with the companies.

You posted:

Collectors don't want to be calling the wrong person anyhow, it doesn't get their job done. I recommend to debtors to update their information with the companies they owe so that other people do not get calls in their stead

In this case, there is one concrete reason favoring the collectors but there are other grounds also when the collectors use unfair means and harass the debtors for recovering the debts. It can be dealt legally and there are proper methods to deal with it. Causing harassment, using abusive language, making false or misleading statements, adding unauthorized charges and many other practices should not be the ways to recover any debts.

Regards
Roxette

Hello All, I am an employee of ASG. I came here, not to create any controversy nor to be harassed in this forum, but Let me tell you something. Regardless of the debtors I have to call, I stick to the fdcpa and be as professional and courteous as I may be. Is true that there are some agents that are a little rude but if so happens why don't you cooperate with the agent looking for the person? Unfortunatelly sometime we encounter "dead ends" when trying to locate a Debtor but I don't find any reason to raise others attitude up to this point. After all, this is what we do for living and nobody would like himself to be questioned of his work. I am not covering anybody nor protecting anybody but just to let you know people, that if we look for someone at the other side of the phone, regardless of how courteous and/ ehtic and / or professional you may be, there is always a grumpy person with an obnoxious "no" instead of cooperating, so if you wish to be treated with respect, help us to locate the debtor in the same way we do, once again, I speak for myself and a few Professional ones in the floor. This is my humble opinion. Thanks.

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[roxette]

Hi Anonymus

Welcome to the forums. We will really appreciate if you join us on the board and clear some of the myths and crucial problems faced by some of our community members and guests from the debt collector's point of view.

I read your post and find that you are quite neutral in all cases. I appreciate your positive approach towards dealing with debtors and assume that you do not use unfair and harassing means to recover any past debts which is used commonly in your field.

I am not covering anybody nor protecting anybody but just to let you know people, that if we look for someone at the other side of the phone, regardless of how courteous and/ ethic and / or professional you may be, there is always a grumpy person with an obnoxious "no" instead of cooperating, so if you wish to be treated with respect, help us to locate the debtor in the same way we do, once again, I speak for myself and a few Professional ones in the floor. This is my humble opinion. Thanks.

Due to some people who cause bad name in your field, not everybody including you should be treated the same way in general.

Your registration in this site will be completely free of cost as it is to all our visitors and we do actually hope to see your active participation in the forums for the community welfare. Additionally, you will also be earning some extra money through your posts which has been exclusively designed for our registered members.

http://www.debtconsolidationcare.com/signup/

We do hope to hear from you positively

Regards
Roxette

I agree with you. You never know what life will throw your way so things happen and bills sometimes are the last of a persons worries. When medical problems come into play that can throw and person for a loop. I know this for a fact and have had some very bad conversations with ASG. They call me every day and when I tell them I can only send them a certain amount they agree and then call me back 1 day later saying none of that is acceptable. Tonight the man that called (and because of his accent I couldn't understand him most of the time) said that was unacceptable and suggested I file for bankrupcy. That suprised me. He told me they would not accept my payments because they aren't enough. I never thought I would have bill collectors calling me but like I said, one never knows what life will throw your way.
Any suggestions would help
Thanks
Pam

[roxette]

Hi pam

Your post says that the collectors tried to bully you which in itself is illegal activity. Though the collections want to recover the money as much as possible, but they should accept the money if you are willing to pay your debt.

I will suggest you to enroll yourself in a debt consolidation program and let the professionals handle your accounts. The trained consultants will proficiently negotiate with your collectors and offer the payment plan which will be set keeping your interest in view.

If you are willing to seek professional help, please enter your contact information at the sign up page in this site to get in touch with the consultant

Regards
Roxette

Interesting, indeed. This appears to have been written by their Support Services SVP. At least have the decency to identify yourself instead of posting anonymous spin. PS. Nobody cares about COPC.

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Hey Debunker (you idiot!) Why don't you look at COPC's clients (Microsoft, etc.) I think a few people do care. Those who are intelligent enought to understand quality and performance. :roll:

[roxette]

It's my earnest request to all you not to pass personal remarks in the forums. Please co-operate.

I had a recent incident with this company, where they are trying to collect a debt that is in good standing with the creditor. How can this be??? They also are calling relatives and my wifes relatives, who by the way have a unlisted number. My wife told them she wanted information from them and wanted to report them to the better business bureau and they hung up on her. Your trying to tell me that this is a reparable company!! They haven't called back since!!

[roxette]

Hi Jeevz

Welcome to the forums.

As per the fdcpa law, the debt collector can only contact your attorney if you have hired one. If they contact any other person, then it should be done only once and that also to find out your contact information only. A debt collector is restricted from telling anyone about your debt other than your attorney.

Regards
Roxette

I have worked in a customer service oriented business for 18 years. I have often had to deal with people who were upset or irate. In all these years, I have never even come close to the rudeness of your employee, "Phil". He talks over me, he hangs up without listening to me. He is unexcuseably rude! The person he has been calling about does not live in my home, and lives about 11 hours away. We have no way of reaching him. This "Phil" calls morning, noon and night...weekends, etc. We have a baby in the house who has been awakened several times by these calls. This evening, as I attempted to speak to Phil, he interrupted me several times. I had explained that the person he was looking for didn't live here last weekend when he called. I attempted to tell him this again, and he basically called me a liar! Then, when I once again tried to speak to him, he interrupted me, and stated, "you're just going to run on like a freight train, aren't you?" and hung up on me. First of all, if he wanted any information from me, this is no way to get it, and secondly, he is just plain rude. This is not a person you should have representing your company. I called the number on the website, and who answered? Phil! He was, again, rude and hung up on me. I called back and got someone else. This person was reasonable, calm and anything but rude. Much better. I explained the problem and gave the person a possible solution. Phil needs to go, and perhaps be sent to a charm school! Someone, please! Do something about Phil before I have my attorney do something about Phil. Thank you.

[roxette]

Hi Kathleen

Please put this request in the website of Accounts Solution Group. This is a debt consolidation forums in which the community interacts on various debt related issues. It is because of this interaction, one of the pages about Account Solution Group is existing in this website.

Please place your request at the customer care cell of Account Solutions Group and request for necessary actions.

Regards
Roxette