I receieved the same calls they harrasing. Dude said his name was frank lewis. They are out to foul younger and older ppl. Report them at 1877-FTC-HELP
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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http://800notes.com/arts/Jb8EW-eDhQA/harassin ... ou-need-to-know
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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.
I got a call from these idiots the other day which was actually on a payday. At first they got me I was confused and with five kids going to jail is something that I cannot afford. I started asking questions just to find out what it is that I owed & started to realize things were kind of fishy. They were really rude and didn't have the information I wanted. They passed me up to a Head attorney who was Indian a lady, She began to tell me i owed &750 and how much can I pay today otherwise I will be arrested tomorrow. She was trying to say I can pay 300 right now just to continue the process and not be arrested tomorrow. I sent a snapshot of the number on my phone sent it to my wife and told her to check this number As I was telling the lady I was headed to a CVS to pay it. Note when I told her I was on my way to CVS she later told me It had to be cash. That's when all flags went up. I told her I had to go to the bank first she said no problem she will wait on the line until I get the money to CVS. I asked her who I was writing the money out to she said not to worry about it she will tell me all the information once I get there. By this time my wife message me back telling me that this number has been reported to do a lot of fraud. I go back to the office see it for myself, I told the lady I am with the police and they are tracking this number she told me "WHAT"??? She says "go to hell"and something about my five kids and hangs up. I put it out there on Instagram and I was amazed on how many people have gotten called from these kind of people. I called that number today to give them crap but that number is no longer in service. I hope you get to read this and it will help you in the future to stand up and not get robbed by these people!
Yeah they're crazy tell them that you called the cops and they will block you and I'll call you no more. I tried to call but it won't let me to know more i was giving them crap
I receieved the same calls they harrasing. Dude said his name was frank lewis. They are out to foul younger and older ppl. Report them at 1877-FTC-HELP
I receieved the same calls they harrasing. Dude said his name was frank lewis. They are out to foul younger and older ppl. Report them at 1877-FTC-HELP