collection calls
Date: Fri, 06/24/2011 - 10:01
Hi! Welcome to the Forums! A lot of debt collectors do this kin
Hi!
Welcome to the Forums!
A lot of debt collectors do this kind of thing with the consumers. Unfortunately, most consumers get scared. I am happy to know that you are not one of them. Send a debt validation letter in writing if they continue to disturb you like this.
My first question is, how do you know it was a collection call?
My first question is, how do you know it was a collection call?
Did they state your name, and that you owe a debt?
If they did, that may be a violation of the FDCPA. Calls from a debt collector cannot state that you owe a debt unless they are personally communicating with you. FDCPA 804 and 805.
If they did identify the call as being a communication pertaining to a debt, that is an "initial communication with the consumer" under FDCPA 809(a), and triggered their obligation to send you a formal, written collection (dunning) notice within 5 days of that call.
If the nature of the call was not clearly identified, then the next time they call, I suggest that you pick up the phone and ask them only one question. "Is this a call pertaining to an alleged debt?"
If they say yes, simply tell them that all future communications with you are to be in writing. The reason I suggest you pick up the phone is to clearly establish the call as an inititial communication regarding a debt, thus triggering their obligation to send you dunning notice.