Legit Collection Agency?

first off the call to your family was an FDCPA violation as third party disclosure is a no-no.i would have the family member file a police report for the call.then i would wait to see if they leave a similar message with you.bottomline this piece of compost broke the law not only in calling someone else,but in even hinting what they said.make a log of any calls made as this does sound like a complete bottomfeeder.a couple of questions.

1)did they mention the name of the pdl?as they talked out of both sides of their mouths to the family member.
2)did you have an online pdl?if so how long ago?

you see alot of bottomfeeding scuzz will call 3-4 yrs after the fact using illegal scare tactics hoping you just pay up.this is such a case.do not call them as they want try those tactics,and argue with you.just keep track of the calls,and have the person they called file the police report.

Your husband can make a written request to the collection agency for a debt validation letter. If they don???t reply, then he can forward them a C&D letter. After that, if they are still trying to contact with him, then he can file a complaint against them to the State Attorney General or FTC.

Sally you're right, when they can't validate a debt, it simply proves that they don't own it!

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I've never heard of this so-called collection agency before. This, along with the fact that they didn't hesitate to violate the FDCPA leads me to believe they are not a legitimate company.

But, just to be safe, I would request validation of the debt in writing (I always recommend fax and certified mail - fax so that it arrives in their office quickly, and certified mail so that you have proof of receipt). And, don't hesitate to report their illegal activity. If they continue their collection efforts after you have requested validation of this debt, and have not yet received the validation documents, this also violates the FDCPA. Document their activity and report them.

Good luck!

I would suggest the following.
Violations of the FDCPA are best handled, in my opinion, by initially forwarding a complaint to the FTC, who has administrative jurisdiction over enforcement of the FDCPA. The police, and prosecutors who view a police report, are unlikely to pursue an invesitigation on their initiative of violation of federal debt collection practices.

In your FTC complaint, be sure to include any and all FDCPA violations they have committed.
If they did not send a formal, written collection (dunning) notice under the requirements of FDCPA 809(a) within 5 days of initial contact with the consumer, that would be a violation. Calling a third party and disclosing that the consumer owes a debt is a clear, and serious, violation of FDCPA 804(2) and 805(b). While the FTC is unlikely to bring charges against them, they will at least communicate your complaint to them. I would also be sure to make them aware of the complaint by including a cc copy to them.

If you sent a DV letter, there is no need to send a cease and desist letter, as the DV, if timely, invokes its own cease collection bar. You dont want to imply that they cant respond to your DV letter by sending them a redundant cease communications letter under FDCPA 805(c).

As to their legitimacy, the FDCPA does not require debt collector registration. That is reserved to the states to regulate. I would suggest first contacting your state consumer affairs office that handles debt collection practice matters, and complain to them and see if others have filed similar complaints.

Many debt collectors, when they become aware that a consumer is pursuing debt collection practice violations, will turn tail. Just pursuing the issues, and making the debt collector aware that you are doing so, might make the debt collector evaporate.

Lian,

Just wanted to thank you for your contributions to this website. Your answers are always very clear, thorough and knowledgeable.

That's it - just wanted to give credit where credit is due. Have a great day!

First of all I am sorry to say that I have not worked for 3 years due to the economy. Now this place, the above is their new name, gave me a job violating every possible FDCPA law and I informed them and they wanted to hear nothing about it and demanded that I stick to their "script" that I am a process server and a case is already filed. What d:sad:o I do? Quit or feed my kids? I am sorry but I need the money and will continue looking for legitimate work.

thanks for confirming what we knew already,but think about it.if you quit,or are fired(which alot are)is this piece of crap gonna give you any kind of reference?the answer.hell no.these places go through drones like paper towels.as you might say on the phone...good luck buddy.