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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Section 809 of the FDCPA http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf requires 3rd-party debt collectors to give debtors written notice of debt (the key word is *shall*) :
"§ 809. Validation of debts
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing—
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor."
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A Collection Agent May Not…
Here are the top 11 actions prohibited by the The Fair Debt Collection Practices Act:
Misrepresent Him or Herself
A debt collector may not misrepresent himself as an attorney or law enforcement officer.
Use the Telephone to Annoy or Harass
A collection agent may not cause a telephone to ring or engage any person in telephone conversation repeatedly or continuously with an intent to annoy, abuse, or harass anyone at the called number.
Threaten Arrest or Lawsuit
A collection agent may not threaten a consumer with arrest. It may not threaten legal action that is either not permitted or not actually contemplated. In other words, a the threat of a lawsuit may be an empty one.
Use Abusive or Threatening Language
A debt collector may no use abusive or profane language in the course of communication related to the debt.
Publish a Bad Debt List
Publishing the consumer’s name or address on a "bad debt" list is prohibited.
Contact By Embarrassing Media
A debt collector may not communicate with a consumer by post card. It may not use any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by use of the mails or by telegram. A debt collector may use its business name if such name does not indicate it is in the debt collection business.
Contact a Consumer at Work
A collection agent may not communicate with consumers at their place of employment after being told this is unacceptable or prohibited by the employer.
Seek Unjustifiable Amounts
A debt collector may not demand any amounts not permitted under an applicable contract or as provided under law.
Contact a Consumer Represented by an Attorney
A collection agent may not contact a consumer after it learns the consumer is represented by a lawyer.
Communicate With a Consumer After Receiving a Validation Request
If a consumer sends a written §1692g response within 30 days, the collection agent may not communicate with the consumer until it mails the consumer the requested verification of original creditor's name and address.
Communicate With Third Parties
A debt collector may not reveal or discuss the nature of a consumer’s debts with third parties other than the consumer’s spouse or attorney. A collection agent may contact neighbors or co-workers only to obtain location information. It may contact a third party again if it has reason to believe the information the party provided previously is false.
Bills.com FDCPA FAQ
Below are questions Bills.com readers ask frequently:
Can a Collection Agent Call My Cell Phone?
Yes. However, if you tell the debt collector it may not use that number because it is a cell phone, it may not contact you again at that number.
I Keep Receiving Dozens of Calls From Collection Agents. Is That Legal?
No. Unscrupulous collection agents will use "block parties" or "office parties" where they contact a consumer, multiple neighbors, or co-workers telling them they need to reach the consumer on an urgent matter. This is not permitted under the FDCPA.
A Collector Says I Will Be Arrested if I Do Not Pay
This was a true statement before the US Civil War, but has not been true since. People may be arrested if an aggressive judge files a bench warrant for a person who does not appear at a hearing relating to a lawsuit regarding a debt. However, in that case, the offense is the failure to respond to a court order, and not the existence of the debt. As stated above, it is illegal under the FDCPA to threaten a consumer with arrest if the consumer does not pay the debt.
We got the same message from that number. He said he was a lawyer from the same office. He had information on a friend of mine and said I was implicated in the case and that a warrant was being issued in the morning.
Guy said his name was Detective Green said a friend of mine was gonna have 2 felony warrants out for her arrest if he wasn't contacted by today. Asked me who he was speaking with. I would think that you already should know who you're calling if you gave out this much info but when I started asking questions he didn't want to tell me his first name or what it was pertaining to....
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.
Although this number has a San Antonio area code and prefix (210-399-xxxx) it appears to actually be from a person or persons working on behalf of a collection agency out of Illinois. A bogus name is given at first; i.e John Green, Tony Rich, John Levin among others, however, the number is associated with a Mr. Ray Buchanan. He uses "strong arm" tactics in his practices that include revealing personal information to outside third parties, impersonating law enforcement officers, threats of imprisonment and arrest and other violations of the FAIR DEBT COLLECTION PRACTICES ACT (FDCPA). Further research seems to indicate Mr. Buchanan works as a collections' agent for PN Financial (& Associates) out of Illinois. The principals of PN Financial are ... 1) Nelson Macwan (President), 2) Frank Grossman , 3) John Sullivan, 4) Greg Swider. They list multiple locations and phone numbers out of Illinois.This is what I have found out about PN Financial:
Government Actions
On January 11, 2012, Illinois Attorney General Lisa Madigan announced a suit against P.N. Financial Inc. and Nelson Macwan, individually and as President of P.N. Financial Inc. (hereafter Defendants) for violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, the Illinois Collection Agency Act, and the federal Fair Credit Reporting Act.
Madigan alleges the Defendants revealed information about a debt to a third party, impersonated an attorney and failed to reveal their true identity as a debt collector, and made threats about false lawsuits. In addition, the lawsuit purports the Defendants made false threats of seizure, garnishment, attachment, or sale of property or wages. Furthermore, Madigan claims the defendants harassed consumers about a debt at their workplace and revealed information about the debt to co-workers. Additionally, Madigan alleges the Defendants used abusive or profane language, made unauthorized withdrawals of money, failed to send first notice of debt, and misrepresented the nature of the debt. The lawsuit also reports that the Defendants disclosed social security numbers, abused access to credit reports, and made unauthorized collection of debts.
Madigan asks the court to prohibit the defendants from violating the Consumer Fraud Act and the Collection Agency Act. Additionally, Madigan requests the court to declare that all contracts entered into Consumer Financial Protection Bureaubetween the Defendants and Illinois consumers by the use of methods and practices are unlawful and rescinded and required that full restitution be made to said consumers. Madigan also requests that the Defendants be permanently enjoined from engaging in the impermissible use and obtaining of consumer credit reports. Furthermore, the lawsuit asks that the court assess a civil penalty of $50,000 per violation of the Illinois Consumer Fraud Act, additional penalties of $50,000 for each act committed with intent to defraud, as well as penalties of $10,000 per violation committed against a person 65 years of age or older. Finally, Madigan asks that the Defendants be required to pay $1,000 for each willful or negligent violation.
If you have received a call from this company or any of it's agents that have violated , in any form, your rights in accordance with the FDCPA please report them to the following agencies ... FTC, local consumer protection agency or your states attorney's office.