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.
I just received a call not too long ago on my cell. I used to receive these calls from a man with a heavy Indian accent. Now it's someone with an American accent. Telling my the same thing everyone has been saying in the above responses. Telling me I have two fraud charges attached to my social number. Gave me case #Q255859. Called me from Colorado at number 720-446-0630. These people need to be stopped. This is insane. When I used to the get the calls before I did contact my local FBI and they told me these are people trying to scam people. I don't have time for this. Something needs to be done. Enough is Enough.
Unbelieveable. They need to get a real job and make their money the way us hard working people do. Work and receive a pay check.
(225) 341-1133 and (720) 446-0630 are the two numbers that have been calling me for the last two days. They have called my cellphone, my place of employment and my home. Leaving messages threatening me with legal action, process servers, court dates, etc....
Tamianth - you are to kind to share all of that information with us. I have saved the messages and will take your advice and file complaints against these folks. Even if I did owe the money (which I don't) they have no right to call and scream and cruse the way they do. Calling my office and informing the receptionist that this is an attempt to collect a debt for __________ and can you confirm the last four numbers of her social security number. ARE YOU KIDDING ME !!!!!!!! Like someone above, the first time they called they had the wrong SS number. Today they wanted to know my birthday which was correct, however I didn't confirm either one. They are saying I have an outstanding payday loan from 2009. I asked them to fax over copies of what they said I owe and they told me it would be served on me unless I agree to make arrangements with their office. I told them I would just wait for the Sheriff's department to come, the girl on the line became very irritated and started making additional threats. I told her that I work in a law firm and the Sheriff's office is here all the time serving subpoenas and court notices. I look forward to seeing them again. She hung up on me and now will not answer when I call back. [***]...
This is a debt collector (Asset Acceptance) using deceptive trade practices to deceive the person they are calling to try to collect a debt. They are using a number that belongs to Quest Communications in order to deceive the people they are calling. I believe what they are doing is illegal, and fradulent and I think something should be done about it. How bout we all get together and sue them for fraud and deception. Hello Asset, we know our rights, so F***ck off!