debt collector texting me???

Dont think there is anything in the FDCPA that forbids it. However most business phones are not equiped for txting. If they are calling on their personal phone, they may be in violation of their company policy. Save the text.

Yeah they called and then I got two text messages, after I opened the first one it made my cell call them immediately back. I hung up right away and then they called back and left another voice message and then two more text messages. Ugh so frustrating could it have been an automated voice message? They called this morning but no text messages just a short voicemail to call them back.

Keep all those calls....that is harassment. Find yourself an NACA attorney.

What company was this txxting you???

It was Riexingler and Associates. I talked with someone online on this website (in the chat live portion) and he said it was legal (still seems like it is more of an invasion of privacy) but he was more of an expert than me. Someone else said they haven't seen any complaints about them. . .but I might disagree it was weird.

The repeated phone calls and multiple messages are a violation, pure harassment.

Hmmm, very strange...

They are hardly ever sued for FDCPA violations, it seems that most of the suits against them were back in 2006. I could only find 2 or 3 complaints against them posted on forums.

On the BBB, they have had only 2 complaints this year (all of them addressed by the company), and 7 for the entire 36 month reporting period.

And even more interesting, the only place I could find that debt collections by SMS takes place is in South Africa!

File a complaint with the BBB, the FTC, and your state Attorney General.

I had a collection agency text me a few times telling me to call them, I can't remember which one it was, which I didn't do anything about it.
I wonder if this would fall under the FDCPA 15 USC 1692f
808. Unfair Practices
(5) "Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect calls and telegram fees."

Not everyone has unlimited texting, some have pay per use, and if someone sends you a text you have to pay for it, so would that not be causing charges?

yes it would be just that.also a violation as you stated and can be sued on seperately from an FDCPA violation.

I had a collector text me once. I called back, and they acted like they did not know what I was talking about. I really thinkg it was an induvidual who was a little overzealous, and sent a message from his personal phone. The funny part is that it was not even for me. It was for the person who had the phone number before I got it.

Maybe someone can help me with THIS situation. My 16 year old has a Pre-Paid Cell phone. SEVERAL times, a CA has been calling, asking for someone else. My son doesn't answer his phone if he doesn't recognize the number..so, a few times, when this CA has called, I've answered the phone. They ask for a cerain person and I tell them ( over and over again) that they have the wrong number. According to the CA, they "do have the correct number and they will contunue to call." Also...they ALSO had said, at one time, that they have someone coming out to this certain person's home to serve "a warrant." My son is a minor child...and, of course, this is harressment. What can I do?

sounds like a cease and desist letter would do the trick.

In a nutshell, a debt collector cannot use any method of communication or debt collection that requires you to pay for their efforts, aside from suing you of course. I would argue that by texting you, they subjected you to the fees for texting. I would also argue that calling your cell phone at all is a violation for the same reason--that they are forcing you to pay for minutes on your cell bill when they call. Of course, nowadays there are unlimited phone and text plans, and if you have one of those, this argument would pretty much be killed off when they argue back that you would pay the same amount with or without their calls and texts. Something to consider.

sdchargers--I would absolutely consider doing this--

when they call, put the phone on speakerphone and record the phone call. Use any tape recorder as long as it records clearly enough that you can hear the conversation on the tape. Try it out first before you use it on their calls just to make sure.

Then, you take them to court. Sue them for FDCPA violations. First, they are obviously harassing you when you are not the proper person in the first place. Second, they have threatened to do things that they cannot do, which is a violation in itself. You might have a hard time with that second one though, because you are not the debtor, but I would try it anyways. The mere fact that the tape proves they are breaking the law will give your case a ton of leverage. And, since you can only sue for $1000 statutory damagestotal no matter how many times they violated the FDCPA, one is all you need. Send them out a certified cease and desist letter, and if the calls keep coming, record them. Then, file suit in your district court and collect $1000. That should fix them.

sdcharger 63
Both of my girls have prepaid cellphones, I would just change the number, I've had to that on my girls phones a few times, not hard to do at all.

In a nutshell, a debt collector cannot use any method of communication or debt collection that requires you to pay for their efforts, aside from suing you of course. I would argue that by texting you, they subjected you to the fees for texting. I would also argue that calling your cell phone at all is a violation for the same reason--that they are forcing you to pay for minutes on your cell bill when they call. Of course, nowadays there are unlimited phone and text plans, and if you have one of those, this argument would pretty much be killed off when they argue back that you would pay the same amount with or without their calls and texts.
Side note: The above, not true...most people who have their attorneys try to sue for this reason texting and a call to a cellphone get laughed at in court. Most people have chosen to have cellphones to keep creditors off of their backs. This breaches the disclosure - you are supposed to keep the creditor up-to-date w/a valid phone number to contact you. If they find your cell# and text you, until they get a cease and desist - they can continue w/every right granted to them. The cellphone and text thing would be thrown out and the creditor will ask for his attorneys fees from you to be paid due to a frivolous suit - that is what you have to weigh.
Something to consider.
sdchargers--I would absolutely consider doing this--
when they call, put the phone on speakerphone and record the phone call. Use any tape recorder as long as it records clearly enough that you can hear the conversation on the tape. Try it out first before you use it on their calls just to make sure.
Then, you take them to court. Sue them for FDCPA violations. First, they are obviously harassing you when you are not the proper person in the first place. Second, they have threatened to do things that they cannot do, which is a violation in itself. You might have a hard time with that second one though, because you are not the debtor, but I would try it anyways. The mere fact that the tape proves they are breaking the law will give your case a ton of leverage. And, since you can only sue for $1000 statutory damagestotal no matter how many times they violated the FDCPA, one is all you need. Send them out a certified cease and desist letter, and if the calls keep coming, record them. Then, file suit in your district court and collect $1000. That should fix them.
Side note: Make sure you are not recording a person in a two-party recording state. If your attorney brings this to court trying to show you were harassed and you did not have their permission to tape record them - you will end up in an ugly lawsuit that you will lose. I've seen this plenty of time - and you have no way of knowing what state they are in unless you've done your homework. Just saying be careful in what eggs you put in the lawsuit basket.