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Collection Agency calling my work, cpa, tenants, friends....

Date: Fri, 10/17/2008 - 19:01

Submitted by anonymous
on Fri, 10/17/2008 - 19:01

Posts: 202330 Credits: [Donate]

Total Replies: 12


There is a collection agency that is calling my work (boss and co-workers), my tenant, my CPA and friends. Is this legal??? And more importantly, how did they get these phone numbers???


Is it legal if they keep calling with recorded messages i.e. "This call is for yada-yada jr." if you are "yada-yada jr. press 1"..these are receorded messages and secretary says she pressed one and real person came on line and she hung up..they call 5 times a day now at my job ..and I will get fired if they keep bugging people in office with these type of computer generated calls is this legal as well? If I get fired I will never pay anything of what I owe why do they do this type of calling to harass?


lrhall41

Submitted by on Fri, 01/09/2009 - 20:53

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Have you talked to these jokers at all?

My thoughts are, if they don't get you on your home phone number, they then start calling everyone that you may have ever met trying to reach you. Funny thing is, the fdcpa states they can only contact third parties to obtain or verify contact information. I feel if they are calling your number, and it is in fact still in service, and all they mail they are supposed to be sending to your home address is not getting returned, then they do have the correct contact information. Just because someone ignores them doesn't mean the contact information is incorrect and they need to start contacting third parties to obtain and/or verify it.

And it also makes me insane when they use these third parties as a messenger service; they ask that person to give you the CA's phone number and tell you it is a "very urgent matter." The FDCPA states nothing about using third parties as a messenger service.

Find out who they are and send them a letter telling them they are not to contact any third parties regarding you, they are only to communicate with you directly. You might also request validation of whatever debt it is they are collecting on. Send that letter certified mail/return receipt requested.

The day they sign for that letter (you'll know when you get that green card back) they have to cease all communications with any third parties regarding you. I'm not talking 24-48 hours later either; they FDCPA states this requests goes into effect the day they sign for the letter. If they do not stop calling the third parties regarding you, then you can and should sue them for violation of the FDCPA.

You know those auto-dial calls are such a hot-button issue for me. They use those messages with the "if you're not (debtor's name here) then hang up now" or "if your not (debtor's name here) then please press 1" knowing they are usually getting answering machines. The message then goes on to divulge all your personal business to whoever might be listening.

How is an answering machine going to hang up or press 1?!?


lrhall41

Submitted by FloridaRon on Sat, 01/10/2009 - 06:53

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omg, this is one of the most disgusting things they do to debtors. They will call neighbors and tell them they have a very urgent message for you and it is an emergency and all this BS to get the neighbor to come to your house and give you the message. It's really ridiculous and legislation needs created to stop this.

Further, you're right. If they have the correct contact information, they should not be contacting anyone else. Get this, FIA Card Services somehow got a fax number for my job and they are faxing things to my job! Can you believe that? They know it is a fax, too because all it says is, "attn: XXXX, please contact XXXXX at Fia Card Services at (111) 111-1111. It is sooooo ridiculous.


lrhall41

Submitted by on Sat, 01/10/2009 - 14:22

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Funny thing!

I was just contacted today by some CA trying to locate someone I have never even heard of. In the space of 2 hours there were 4 hang up calls with only one message being left.

2 hours! 4 calls?

I called them back, providing the "reference number" left in the message. When I heard the name I told the person I have no idea who they are trying to contact. I really don't.

I then told her I should receive no more phone calls then? She advised it would take 24 to 48 hours to remove my number from their auto-dialer. I told her "NO", it will not take 24 to 48 hours and if I got another call from them again, I will take the needed legal steps to make sure I receive no more. Ever.


lrhall41

Submitted by FloridaRon on Sat, 01/10/2009 - 15:50

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The FDCPA is specific on this point--they can only communicate with each of those people ONCE, and the only reason they can call a third party without your permission is to try to find your location. if they already have contact information for you then you can state a case against them for this harassment. in this particular case, I think you have a good case for FDCPA violations because they are not calling to try to locate you--they are calling with standard collection messages. However, it is possible that they can claim this as legitimate action if they are trying to call you and you never answer the phone or return the calls. They may have your correct contact information, but they do not know they are reaching you if you dont ever let them know this. In either case, you need to send them a certified letter informing them that they are calling phone numbers that they are not allowed to call, that you are not allowed to get such phone calls at work, and then identify the numbers they are calling that they need to stop calling. This is a cease-and-desist letter, and they are bound by the law to follow it. If they continue to call those numbers after you inform them that they cannot do so, then they are once again violating the FDCPA.


lrhall41

Submitted by on Sat, 01/10/2009 - 18:05

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Best thing you can do is answer once and tell them not to call your place of employment. After that hang up unless you want to spend the next 15 minutes being harassed. I would also follow up with a limited Cease and desist letter to stop the calls to your friends and family. I generally limit them to mail only but you can allow calls to your current number if you don't mind it ringing 10 times a day.


lrhall41

Submitted by DOLLARSandSINCE on Sat, 01/10/2009 - 21:56

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Yes, I always speak with a CA at least one time by phone, from my home number, so they know my contact information is correct. I also tell them since they have my contact information and they know it is correct, they are not to contact any third parties unless I give them my written permission.

I also try to remember to record these conversations so I have them later if they do start calling third parties. I actually busted allied interstate recently, for calling my mother's number after I had already spoken with them on the phone no less than three times, and they verified my phone numbers and address each time I spoke with them. It's all on recording.

I smell FDCPA violation lawsuit.

Not that we are implying the OP was just ignoring the CA; we don't know that for sure. I merely stated that is usually why CA's start their barrage of phone calls to third parties, if they can't get you on the phone at your primary number.

Although, I have had a few CA's not even try calling my home phone number; their initial contact was to call a third party and divulge all my personal business on a message on their phone. My phone number has never changed in over 10 years, so there is no reason a CA that is collecting on a legitimated debt should not have it. I can only presume they did that to attempt to harass and embarrass me.

Fortunately, none have done that in almost a year now.

Once you have spoken to them, send them a limited cease and desist/debt validation letter, spelling out clearly you only want them communicating with you by mail. Only by mail. And they are not to contact any third parties without your written permission.

Some people have advised CA's will take the limited C&D as a full C&D and this will prompt them to sue you. From my own personal experience, I have been including limited C&D's in my DV letters for over a year now. The only CA that sued me was from way back, before I ever sent out DV letters at all. I completely ignored this CA hoping they would just go away.

So take all these factors into consideration before you send out a C&D letter; whether is a partial or a full C&D.


lrhall41

Submitted by FloridaRon on Sun, 01/11/2009 - 10:13

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the information has been so helpful and I am going to do this tomorow!! I consider myself lucky that the secretary at my job is on friendly terms with me and let me know what is happening!!! I just cant beleive they can harass you during work and they arent harrasing you if you do not work answering the phone they are pestering many people who have jobs to do and added responsibilities since the work force has been diminished and some people are now required to do the job that two people a year ago were expected to do


lrhall41

Submitted by on Sun, 01/11/2009 - 20:41

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After you speak with them (record that call..check your state laws on this) immediately send them a certified mail, return recipet of the gist of the call, your current contact info (even a limited cease & desist- to just correspond via us mail). That way not only do you have a taped phone call, you have a letter....they can't get around it at all that way and even a single call to a third party would be in violation after that.


lrhall41

Submitted by goldenbast on Sun, 01/11/2009 - 21:31

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thank you all the calls are from a dental bill where I didnt go back because the work was shoddy I went to another dentist who charged me more to repair the bad work I know I owe first company but am not going to pay for complete work they didnt do and am not going to pay them full amount since they didnt finish work and have told them that in several previous conversations they know my home phone and cell phone and are calling work because they have the number I think thanks again to the information i cant beleive how knoledgeble and friendly everyone here has been thanks!!!!


lrhall41

Submitted by on Thu, 01/15/2009 - 23:43

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