Consumers across the country report that they're getting telephone calls from people trying to collect on loans the consumers never received or on loans they did receive but for amounts they do not owe. Others are receiving calls from people seeking to recover on loans consumers received but where the creditors never authorized the callers to collect for them. So what's the story?
The Federal Trade Commission (FTC), the nation's consumer protection agency, is warning consumers to be on the alert for scam artists posing as debt collectors. It may be hard to tell the difference between a legitimate debt collector and a fake one. Sometimes a fake collector may even have some of your personal information, like a bank account number. A caller may be a fake debt collector if he:
is seeking payment on a debt for a loan you do not recognize;
refuses to give you a mailing address or phone number;
asks you for personal financial or sensitive information; or
exerts high pressure to try to scare you into paying, such as threatening to have you arrested or to report you to a law enforcement agency.
If you think that a caller may be a fake debt collector:
Ask the caller for his name, company, street address, and telephone number. Tell the caller that you refuse to discuss any debt until you get a written "validation notice." The notice must include the amount of the debt, the name of the creditor you owe, and your rights under the federal Fair Debt Collection Practices Act.
If a caller refuses to give you all of this information, do not pay! Paying a fake debt collector will not always make them go away. They may make up another debt to try to get more money from you.
Stop speaking with the caller. If you have the caller's address, send a letter demanding that the caller stop contacting you, and keep a copy for your files. By law, real debt collectors must stop calling you if you ask them to in writing.
Do not give the caller personal financial or other sensitive information. Never give out or confirm personal financial or other sensitive information like your bank account, credit card, or Social Security number unless you know whom you're dealing with. Scam artists, like fake debt collectors, can use your information to commit identity theft – charging your existing credit cards, opening new credit card, checking, or savings accounts, writing fraudulent checks, or taking out loans in your name.
Contact your creditor. If the debt is legitimate – but you think the collector may not be – contact your creditor about the calls. Share the information you have about the suspicious calls and find out who, if anyone, the creditor has authorized to collect the debt.
Report the call. Contact the FTC and your state Attorney General's office with information about suspicious callers. Many states have their own debt collection laws in addition to the federal FDCPA. Your Attorney General's office can help you determine your rights under your state's law.
http://www.consumer.ftc.gov/articles/0258-fake-debt-collectors
I got 2 phone calls on Tuesday, Jan 7, 2014. I didn't answer either call because I didn't hear my phone. The lady, Stacey Yates, left a message both times. One for me and one for my husband, same case number. She said that it was from back in 2009, from when we took out a loan. I know that we had paid it off. She then went on to state that we owed a total of $600's and that if we didn't take care of this, that we would have warrants put out for both of our arrest and that we would be facing jail time as well as a $5,000 fine! I told her that I could not afford to pay the whole $600's that day and had to pay $60's.
Being the idiot that I am, I trusted this lady and what she was saying and got scared. I can't afford to go to jail. I have 2 daughters that are in middle school. Stacey then told me that she had to record part of this phone call, so that if I defaulted on any of my payments, our agreement would no longer be void and I would have a warrant out for my arrest. I have googled this "Law firm" on google and it brought nothing up for their Firm. I called this Stacey lady back and left her a message to send me all the information on this so called "loan" and the money that I supposedly owe. I threatened them with taking them to court and the whole nine yards. Have not heard back from them as of yet.
The same lady Stacy Yates called me about 2 weeks ago said I owe 400 for a payday loan from 2009 I told her I have never had a payday loan she said I must have forgot said I would go to jail if I didnt pay I gave my information she recorded the conversation and said if I default I will go to jail I have recieved a letter in the mail from her with the dates money will be pulled from my account now I can not get a hold of her and found this site while trying to call Bryant and bryant assoc. what did u do? The first payment is to come out of my account tomorrow and I dont want to get scamed if this isnt real but dont want to go to jail if it is!!
Debt is civil, not criminal, so you are NOT going to jail. Per the FDCPA, you should NOT pay any caller who refuses to MAIL a debt validation letter showing you owe a debt and that they have the legal right to collect said debt. Why would you make an agreement to pay for a loan you never took out? I would contact your bank and have them put fraud alerts on all your accounts. They may also need to close your account. I would also report your caller to the FTC, FBI and your state's Attorney General.
http://800notes.com/forum/ta-86217073a9c8dad/ ... 077595690349410
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http://www.consumer.ftc.gov/articles/0258-fake-debt-collectors
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http://www.deadiversion.usdoj.gov/pubs/pressreleases/extortion_scam.htm
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Also read up on the laws and your rights:
Harassing calls from a debt collector? Here is what you need to know
http://800notes.com/arts/Jb8EW-eDhQA/harassin ... ou-need-to-know
http://www.ftc.gov/os/statutes/fdcpajump.shtm
CFPB Q&A on debt collection practices
http://www.consumerfinance.gov/askcfpb/search ... debt-collection
http://www.consumer.ftc.gov/articles/pdf-0096-fair-credit-reporting-act.pdf
http://www.consumer.ftc.gov/articles/0149-debt-collection
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Follow the steps in what you need to know. A legitimate debt collector agency should not have a problem with giving you a real business name and address you can google and verify via google street view, BBB etc.
For extortion Scam Operations, file reports with the FBI, your state attorney general and Department Of Justice,FTC & FCC..
These people are harassing me and my family. Don't even know how they got their numbers. Said this is in regards to a payday loan that was never paid back 5 years ago from a company that I never got a loan from. Said that they are taking legal action and this will not be the last I hear from them. A very rude Weldon Smith called me and then after he hung up on me I receive a call from the owner John Bryant of Bryant Bryant and Associates. These people are crazy!!!!!!!