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.
My mother received a phone call this morning claiming they had 2 warrants on me for check fraud. I have never had checks to write for a check fraud. She gave me the number and I looked it up and there was not a listing for the number it just came back as a VoIP and I dug a little further and found that it was in Dallas tx.
I also recd a call from this number the ladyon yesterday at 10:00am said her name was Tracy Buckman and she also told me I had worthless checks and a warrant would go out in 24hrs if I didnt take care of the matter I ask with whom did i have bad checks with she said cashnet usa .. I havent had checks for over 10 years but i reported it to the FBI and FTC.. I hope they find out who is trying to scam people out there money.
I recieved a call today from this number and I was told I was being sued from My Cash Now for an unpaid pay day loan. I did take put a payday loan from a different company 3 years ago but I paid it and have documentation that says such. I asked her for documentation and she claimed that she would email me but has not. They claim to be from Kernbrown stone, I really feel like this is a scam and they are using scare tactics to get money from vunerable people. I am the type of person who isnt willing to pay for something just because you said so.
Woman named tracy buckman called and said I was going to be arrested for bad hecks if I did not pay them $750.00 or a very substantial amount. She also said that my case would be transferred to my local district attorneys office because someone from cashnet had run a payment thru my account three times with insufficient funds, thus making it bad check charges. If you dont write a check, how can you be charged with bad checks? This was supposedly kern brownstone out of dallas texas but I cant find any information on them. I called the dallas police dept and they said it sounded like a scam. This woman also said she had sent letters but none was received and she wouldnt give any information, just threats of legal action on something she hasnt proved that was owed. If this is owed it was from several years ago. What should I do?
Do not give them a dime! They have to prove to you in writing via snail mail that a legal debt is owed! Not by phone, fax or email. And definitely do not give them any info! This is more then likely a scam (extortion scam)
If you had bad checks, the bank would have notified you at the time btw.. you would have gotten notices in the mail. And the business or person you wrote it to would have also contacted you to pick it up. As a general rule, if you wrote a check for something, its only good for 6 month's, then the onus is on the payee to have it replaced and contact you. Do check with your bank and make sure, and check your credit reports.
Please do file reports with the FBI, your state attorney general and Department Of Justice,FTC & FCC..
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.