Collection Calls . . .
Date: Mon, 07/12/2010 - 20:26
I get a computer call on my home phone and when I answer, it says something like - "This is an important call from Durham & Durham law offices regarding a personal business matter." And then they leave their phone number and hours of business.
They don't ask for any specific person, so who is supposed to return the call? Then again, if it is for me and someone else answers my phone is that a violation?
Is it a violation if they don't say they are trying to collect or is it a violation if they do say they are trying to collect without actually speaking to the correct person?
Or what if they say they are attempting to collect a debt and to call them back? How do they know who is hearing this information? Looks like that would be a violation.
I know it is a lot of questions, but any input would be appreciated. I'd like to know what to be looking out for to get it in my mind as to what actually constitutes the phone violations.
hiya angel-- ok, they are not allowed to identify themselves a
hiya angel--
ok, they are not allowed to identify themselves as a debt collector, or to say that they are calling about a debt, until they know that they are talking to the right person. So the message they left is not a violation. It is not a violation if someone else answers your phone, as long as they do not tell the other person that they are looking for you so that they can collect a debt from you. The only way to know who they are calling for is to return the call and see what they say.
Okay, a few more. I numbered them so they could be answered ind
Okay, a few more. I numbered them so they could be answered individually. Thanks for all the help!
1) Let's say there is a recorded call asking for me and then they say if it is not me to hang up and then they pause for a few seconds and then say if the person is listening, then by listening I am acknowledging that it is me Then if it is me, I shouldn't let anybody else hear it as it contains personal information and then they pause for a couple of seconds to allow anybody else to leave the room. LOL! You couldn't even get up from a chair before she talks again and then says she is with a debt collector and then starts with information for me to call or that I can go on their website, and gives out an account number and then their phone number.
2) Another call - doesn't ask for any person, but immediately says they are a debt collector and then gives a phone number to call back.
3) Another call - asks for a person and asks them to return the call, but does not say what it is about, but does give a reference number.
4) Another call asks for me and then says if it is not me to hang up. Then the next sentence (I believe they must have been reading and messed up because to me, it doesn't make sense) - "In accordance with Federal Law we are advising you to call us from a debt collector with Redline Recovery Services and we are attempting to collect a debt." Then he says his name and gives their phone number, etc.
If you can get their name, send them a letter requesting that th
If you can get their name, send them a letter requesting that they only contact you in writing. Here is a sample letter:
[COLOR=#000000]Greetings:
Please limit your communication with me to writing only. Mail your correspondence to the above address, which you should use to communicate with me from now on. All correspondence that is not mailed to the above listed address will be returned to sender. In addition if I receive any telephone calls from your company, I will consider them to constitute harassment. Please be advised that unwanted telephone calls are a class one misdemeanor in this state and I will file a complaint against the caller with the attorney general's office. I maintain a telephone log of each phone call and in some cases, make an audio recording when necessary.
Be advised that you have the right to remain silent. If you ignore this notice and contact me by telephone, you and your employees agree to allow me to make an audio recording of our conversation and you and your employees agree to allow the recording and any other information obtained to be used against you and your employees in a court of law. I will accept only your written communication.
I appreciate your attention and prompt response to this matter. This notice further constitutes a demand, pursuant to 47 USC 227, for your "Do Not Call Policy". Again, please contact me only by postal mail carrier to the above address. Be advised this request constitutes my unqualified (universal) Notice to Cease Telephonic Communications.
Best regards,[/COLOR]
[COLOR=#000000][FONT=Verdana][/FONT][/COLOR]
[COLOR=#000000]As the letters come in, you can then send letters requesting valid proof of the alleged debt and dispute it. More information is available at www.freedomfromcreditors.com.[/COLOR]
