harassing calls from collection agency

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Originally Posted by Anonymous A collection agency contacted mE on my cell phone,for a famliy member.i advised them this is not her phone and to cease & desist all calls .. Because this is not her phone cell line. The collector told me that they will continue the calls ............................ i had to hang up on him because he was still screaming he going to keep calling ... Should i file a lawsuit?????????

You can file a lawsuit in Federal Court against any company that violates any section of the federal law known as the Fair Debt Collection Practices Act (FDCPA).
The CA that called you is in violation of Secion 806(5) which prohibits them from causing a telephone to ring repeatedly with the intent to annoy or harass a person.
You are not required to send them a letter. Citizens are not required to run after the harasser and beg them in writing not to harass them. The harassment has already occured.
However, if you don't want the expense of an attorney you could send a letter to them, as well as the following other people advising them of the harassment.
The Better Business Bureau (if they are a member of one)
The Attorney General in your state.
The Attorney General in their state.
The Federal Trade Commission (they have an on-line complaint form)

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Originally Posted by skydivr7673 I disagree... For one thing, they are calling your cell phone, which means that they are using a method of communication that costs you money. Each time they call, they use up minutes on your cell phone bill. That can very easily violate the FDCPA, as they are not allowed to cause a consumer to incur expenses like that...........Second, the way that they are going about it is 100% harassment.

Skydiver, thank you for disagreeing with Soaplady and posting the true facts in this matter. The harassment experienced by the OP is a clear violation of Section 806(5) of the FDCPA, and is admissable in a lawsuit in Federal Court.

I cannot understand why this site allows Soaplady to be a moderator when she continually gives out false information and has a definite bias in favor of the collection agencies and a definite dislike for the people who post on this forum. She tells everybody they can't do anything to defend themselves against collection agencies.

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Originally Posted by SOAPLADY Unless the collector was told it was a cell phone there would be no violation. It still per the FDCPA needs to be done in writing to be effective. Unless they record the harassment is going to be a "my word against theirs" case which will not be won.

You cannot quote any section of the FDCPA that requires the party being harassed to write a letter to a harasser.
You cannot decide which cases will be won or not. The judge will decide that.

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Originally Posted by SOAPLADY You must do it in writing per the FDCPA. No lawsuit.

This type of false information coming from this moderator named Soaplady needs to be stopped!!!
She cannot quote one section from the FDCPA that requires a person being harassed to write a letter to the harasser.
Where can people go to file a complaint about her?????

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Originally Posted by SOAPLADY You must do it in writing per the FDCPA. No lawsuit.

This is not correct. You cannot quote any part of the FDCPA that says a person being harassed must send a letter to the harasser.

The CA calling the OP is in violation of Section 806(5) of the FDCPA and he most certainly can file a lawsuit in Federal Court if he wishes.

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Originally Posted by SOAPLADY Unless the collector was told it was a cell phone there would be no violation. It still per the FDCPA needs to be done in writing to be effective. Unless they record the harassment is going to be a "my word against theirs" case which will not be won.

Soap--this is false. In this day and age, no one needs to tell them that the number is a cell phone. Debt collectors have full access to more than enough info and databases to know what kind of number they are calling. The number prefix itself gives it away as a cell phone. Shoot, I can go to websites right now, for free, and enter a phone number, and the website will tell me what kind of line it is(cell or landline), who the carrier is, and so on. Debt collectors have to follow these laws, and if I can find that info in 10 seconds for free, as far as I am concerned they have no excuse.

Also, there is no requirement within the FDCPA that one notify a debt collector in writing that they are calling a cell phone. The only requirements for "in writing" that I can recall are for debt validation/dispute, and for cease and desist. The law merely states that a debt collector may not cause a consumer to incur expenses due to their chosen methods of attempting to collect a debt.

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Originally Posted by Anonymous This type of false information coming from this moderator named Soaplady needs to be stopped!!! She cannot quote one section from the FDCPA that requires a person being harassed to write a letter to the harasser. Where can people go to file a complaint about her?????

Alright, look, I am only going to say this once.....so I hope youre listening.

You dont know Soaplady, or myself, or any of the other moderators here. That said, I am going to tell you here and now to stop this crap. She is a valuable part of our moderating staff. She has her own viewpoints, which are not at all what you claim them to be. She isnt speaking from a point of bias--she was merely saying that you need to send a CEASE AND DESIST in writing, which is 100% truth. THAT was the post that rubbed you so wrong that you almost singleheandedly filled this thread by yourself. And when she brought up the "he-said-she-said" post, she was once again telling the truth...are you actually ignorant enough that you dont understand the importance of being properly prepared before you take someone to court???? She was 100% correct when she said you wouldnt win that case--in a he said she said case, what would the court have to go on?? Better yet, have you ever even set foot in a court room? Without being dressed in orange and wearing handcuffs, I mean??

This is it. Dont let me catch you again harassing soaplady or any of our members or moderators...you may think that youre playing a good game, sitting behind a guest post, but you neglected to think about the fact that even guest posts get tracked by IP....my final word of advice to you is knock it off or seek life elsewhere. I didnt agree with some of what she said myself--thats not a problem, but at least be man enough to disagree with a little maturity and respect. If you cannot handle that, this isnt the place for you to spend your time.

Oh, and have a nice day!;)

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Originally Posted by skydivr7673 I disagree... For one thing, they are calling your cell phone, which means that they are using a method of communication that costs you money. ....................Second, the way that they are going about it is 100% harassment. ...................... To the OP, what state do you live in? I would record those calls if your state permits it.

Why are only two replies to this thread visible when many more have been made?

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Originally Posted by Anonymous Skydiver, I will answer the questions you asked me in your recent post:

Oh goodie, I can hardly wait!!:D

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1. have I ever set foot in a courtroom without being dressed in orange and wearing handcuffs?? Answer: I've never been dressed in orange and wearing handcuffs. I have set foot in a courtroom as a juror and as a foreman of a jury.

So was Paulie Shore....what do you want, a medal? Being on a jury doesnt make you an expert on the courtroom any more than sitting in yoru garage will make you a car. Meanwhile, I went to school for criminal justice and have worked professionally in the field for a number of years. Among other places, I have a very successful track record of helping people on this forum who have found themselves in court going against crook debt buyers and debt collectors that often cannot even prove if they own the alleged debt to begin with. Sorry, jack, but I think I will stick to my advice over yours....

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2. Am I so ignorant I don't understand the importance of being properly prepared before taking someone to court?? Answer: Actually I'm getting fairly educated about it since I'm in the middle of working with my attorney to outline a case against a CA.

and....? I'd give you a milk bone, but I already tossed it to my dog. You can be "fairly" educated all you like--it doesnt change the fact that I am sick and tired of the way you are addressing the moderating staff of this forum. Soaplady didnt do a damn thing to you and here you are treating her like crap. Come on dude--you posted replies to ONE post she made, and you felt the need to post FOUR TIMES in less than one hour to reiterate the same point? Here's my advice to you--get up off her case already. At least, if youre going to disagree with her, show a little class and respect. You went right on the attack, and you dont have any business acting a fool like that.

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3. Do I think I'm playing games sitting behind a guest post and don't I understand IP addresses? Answer: I just log on the quickest way to read and post - which is guest. I've never seen any rules against that or seen anyone else who thinks guest status is degogatory. I understand your IP address and identity and mine could be tracked down.

Well, its really easy to sit anonymously and spit out crap at people....and with the history of debt collectors and other haters like you coming in here acting like this, its obvious why I made this comment.

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Regarding your admonishment for me to be more mature and respectful to moderators, I have printed out your post as a guidline for the epitome of maturity and respect.

Look, son--dont even think of putting me in the same group as you. You got a response from me because you came in here acting a fool when you had no reason to be. You are the one that opened this door, so dont think that you have any right or reason to complain that I responded to your harassment. Part of my responsibility here as one of the moderators is to take out the garbage from time to time and the way you are treating soaplady is nothing but garbage. If you have a problem with a moderator or anyone else here, then handle it like a man already--sign up and send them a PM. You dont have the right to come in here and disrespect the staff that run this forum with no cause at all. Hell, three of those four posts I mentioned were made EVERY FIVE MINUTES. So, the problem here is that you seem to have this gigantic hard-on for soaplady. My suggestion to you is to BACK OFF. When you come into this place and treat a fellow moderator like crap, I have EVERY RIGHT to speak up about it. If you dont like it, then either start posting like a man--with some respect--or get to stepping out of this place. You cant even be bothered to sign up as a member here and you think you have any business trying to judge her? Well, in case no one else told you yet, allow me to be the first to inform you that you dont have that right. yes, you dont agree with her....I get that. I didnt agree with things she said either. But I didnt insult her, accuse her of trying to give bad info for the other side, and threaten to file complaints against her because of it. If you see someone offering bad advice, EITHER LEARN HOW TO DEAL WITH IT PROPERLY OR DO NOT POST HERE.

Not only that but by your responses you obviously didnt even get half of what she said in this thread to begin with....imagine that--youre passing judgment and insulting her, and you dont even understand everything she said! WOW, talk about who's playing the fool in this production! Moderators here work HARD to keep this place running, and do not get paid for their duties. Is it REALLY that hard for you to show a modicum of respect to the staff here? If so, then kindly find a new forum to populate, because with all respect to you, we dont need more of that kind here.

This concludes this discussion. If I find you harassing soaplady in this thread or elsehwere on this forum again, your IP will be blocked from this forum and your service provider will be notified that you are using their service to harass people online....that may be sufficient cause for them to drop you from their service. If you have anything CONSTRUCTIVE to say about this matter further, you are welcome to sign up on the forum--its free--and send me a private message. But this has gone far enough and WILL NOT be tolerated any further. Any further posts in this thread or other threads by you about this issue will simply be deleted....soaplady has helped countless people on this forum including me personally with helpful advice. I do believe I have made myself clear. Good day to you.