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.
First time call from this number - calling for a person who hasn't worked in this office since 2005! Also gave a"Q" case number. Left detailed information on an message service for someone who doesn't even work here-
very unethical. I believe this is the exact same scam running on a friend of mine, although she has different phone numbers than this one uses, and the case number isn't a "Q". But it's about process service, yada yada. Don't know about your states, but in Illinois service has to be in person and can't be in the mail. Your call from California/Colorado isn't very scary. Confirmed in our brains that it was a scam when my friend made the statement that she was disputing the bill and was told unfortunately you can't dispute it until you have paid it. Exactly WRONG according to the Fair Credit Act. These people are being turned into the attorney general of the state of Illinois for investigation. It's quite the con!
Monica - read the Fair Credit Act. There are specific procedures debt collectors have to follow once someone disputes the bill. It's available online and it's in simple english. Check it out and quote it. And if they won't back away according to the rules, file a grievance with the attorney general of your state. Only way they get stopped is by people doing something.
This company keeps harassing me at my place of employment and my husband's place of employment threatening to have a summons presented to me at my place of employment or home. It is a robotic call and I tried calling them back to tell them they had the incorrect person and to stop calling me and my husband. Funny thing is, when I told the guy he said hold on a minute and then hung up on me. I tried calling back and was placed on hold. They never answered. HUGE RED FLAG!!! What legitimate company would do this? I want people to beware of this scam. Do not let them threaten you or use intimidation to scare you. It is against the law. If they persist, I will obtain a lawyer and sue them! All of us have legal rights and what they are doing is against the law. Plain and simple.
Same thing for me. Received a call yesterday (which I didn't anwser) from (385) 232-7228 stating the whole thing about fraud charges, summons to the job, case #, etc. for someone else. I ignored the call. Received a call today from this number (which I also did not anwser) I don't anwser calls from numbers I don't recognize. If it's a legit call, they'll leave a message and I'll call them back. I suspect there will be more calls, which I also won't anwser.
"You will have 2 charges filed against you due to fraud associated with your social security number. Once you have been summoned all your rights will be forfeited. In order to stop the summons please call us back at 720... and we will not be forced to have the sheriffs office pay you a visit."
Really Dude? I knew this was a scam immediately and that they were perpetuating a fraud.
The 720 area code is from Denver Colorado, so I filed a consumer fraud report with the Attorney General even though I didn't have a address nor name of the company.
Then I called this cornballs just to goof on their scam.
A recording answeres saying, Barry Mason, please hold.
Then some guy answered asking me to verify my SS #.
I said, "absolutely not."
Then he asked me to 3 way call my attorney.
I said, "dude are you serious? What are you going to do, call the sheriff?
He started some angry rant, I started laughing and told him I file a report the attorney general.
He hung up on me.
NEVER Verify your Name or SS# with someone you do not know.
Also the girl who leaves the bogus messages sounds very Ghetto and the mexican detective music they play when you're on hold is hilarious.