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Collection Agency phone calls

Date: Thu, 12/14/2006 - 08:07

Submitted by goudah2424
on Thu, 12/14/2006 - 08:07

Posts: 7935 Credits: [Donate]

Total Replies: 10


Is it against FDCPA laws to leave a recorded message at a phone number that they CA has already been told is not yours, and the message said that they are a collection agency, and they are attempting to collect a debt? I thought that was illegal. I thought they couldn't say anything about collecting on a debt unless they were talking to the person that owed the debt.

This phone call came at my parents house. They left a recorded message on their answering machine that said "This message is for XXX. If you are not XXX hang up. This is XXX, a collection agency. We are calling in an attempt to collect a debt. All information gathered will be used in the attempt to collect this debt. Please call us at XXX-XXX-XXXX."

My question is since and answering machine can't hang up if it's not me, and their call was a recorded message, can I sue for FDCRA violations? I should note that I've already talked to this company, gave them my own contact info, and told them the other number they were calling was not mine.


We actually had a meeting at my CA on tuesday about the fdcpa, and that was one of the topics. The only thing that can be left on an answering machine is your name, the collector name and to return the call. nothing more nothing less.


lrhall41

Submitted by BEAUTY1217 on Thu, 12/14/2006 - 08:17

( Posts: 281 | Credits: )


Thats what I thought . . . . So since I have the message I can sue for a violation?

Since you are a collector I have a question. If someone calls and tells you that the number you've been calling them at is not theirs, and then gives you their correct contact info, do you continue to call the other number? It makes no sense to me, if they wanted to contact me they could. But instead they call my parents house?


lrhall41

Submitted by goudah2424 on Thu, 12/14/2006 - 08:35

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If your mom gave me your phone number, I would assure her that I would not call her back. I would thank her because I probably would never find you if it were not for her. My morals are different though. I lived with my grandparents so I know how it feels to call home and have your old grandmother say "Tell these people to stop calling my house" "I told them you don't stay here"


lrhall41

Submitted by BEAUTY1217 on Thu, 12/14/2006 - 09:09

( Posts: 281 | Credits: )


My mom didn't give them my number. She called me after they called, and the next day I called them back, asked them to please contact me at my phone number, which I gave them, told them that I do not live at that address or phone number, gave them my correct mailing address, and told them that I've hired a lawyer and am considering filing chapter 7. I also gave them my lawyers name, number, and address. Then they called my moms house again last night! Is that normal policy? I was told by my lawyer that once I give the CA his contact info, they cannot call for me again. All communication must go through my lawyer.


lrhall41

Submitted by goudah2424 on Thu, 12/14/2006 - 09:13

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Quote:

We actually had a meeting at my CA on tuesday about the fdcpa, and that was one of the topics. The only thing that can be left on an answering machine is your name, the collector name and to return the call. nothing more nothing less.


Beauty - this is why I am happy you decide to stay. We love your knowledge from the "other side" of the phone.


lrhall41

Submitted by jedijeff13 on Thu, 12/14/2006 - 09:18

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If a debtor tells you that they have an aty, we are to take note of the aty name and phone number and if you have filed, the case number, and we are to send it to an aty tank which only one person can deal with, and he is an aty and he talks to all aty's. The reason being is because an aty will advise you on how to be able to sue if we slip and so if you have one we can not call you at all


lrhall41

Submitted by BEAUTY1217 on Thu, 12/14/2006 - 09:23

( Posts: 281 | Credits: )


So they are really messing up? I'm shocked because this debt is to Wells Fargo, and I'd think they'd hire decent CA's.

I'm definatly going to save my mom's phone message and play it for my attorney. I also recorded the phone call I made to them giving them my contact info, and my attorneys.


lrhall41

Submitted by goudah2424 on Thu, 12/14/2006 - 09:29

( Posts: 7935 | Credits: )


it is pure harasssment and you do not deserve it, and your parents definatley do not deserve it. so i say do something about it. stand up for your rights, that is why the laws are there.


lrhall41

Submitted by BEAUTY1217 on Thu, 12/14/2006 - 09:35

( Posts: 281 | Credits: )