tooshort--the tactic they are using is called a pretext call. In debt collection work, it is illegal to claim to be someone that you are not. They are required to identify themselves. This is federal law. Section 807 of the FDCPA is clear on this--here is a portion of the law:
§ 807. False or misleading representations [15 USC 1692e]
Quote:
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
.....
(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
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This is most definitely a violation of that statute. I would immediately send them a C&D letter and a DV letter, sent CMRR. If they continue to use such tactics, just sue the hell out of them for it. You do have that right. If they wont follow the law, it is your best option.
jenn3387--in your case, the cease & desist will be the way to go. Send this letter to them via CMRR, so that you can verify that they received it. Once they get that letter, if they continue to call you, you also have the right to file suit. The FDCPA allows that they can be held liable for up to $1000 for a violation of the law, and that money is payable to you, it isnt a fine to the government. At this point, you should consider recording telephone calls, Texas is a one-party state if I recall correctly, so it will be legal for you to do it. That way, if you decide to sue, you can have recorded evidence of their continued harassment to play for the judge. They wont have a prayer of getting out of that evidence. Something else you can do is to photograph the caller ID on your phone if you dont want to record calls. Showing that they are calling you will be proof enough of their violations. Phone company records can also prove this, but you need to get a court order to get them, at least you do over here in LA. We haev unlimited long distance on the phone, so the bill doesnt show up all the calls. Hope this helps, and good luck. you both have strong cases thus far.