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 first got a call from these people 2 weeks ago, from a different number. They asked for someone else and I told them that they had the wrong number. Yesterday, they left an identical message from a different number only this time it had my name, I called back to find out what this all about and they told me that it was in regard to fraudulent loan activity with regard to a payday loan. I asked when this loan took place and he told me it was in 2006. I told him that I had never taken a payday loan. He then recited an address to me, and said is this your address, I told him no ( I had not lived at that address in over 6 years) , then he asked me if I was still employed by a certain company ( Again I said no, because I had never worked for that company), and then he mentioned the name of a relative, and he asked me to verify my social security number, again I refused, he then recited the last 4 and said is that your last 4, I would not confirm. He asked me if anyone would have had reason to use my identity, I said it is possible, as I had an issue in 2005. He then declared that I needed to resolve this $300 debt, or that they were going to turn me into the authorities for prosecution. I said before I can give you any money I am going to need more information. (As I was aware that this debt was not mine and that I was being harrassed.) I wanted to compile as much information as possible. When I said that, he told me that he was construing my questions as a refusal to pay, and that I would receive a summons and hung up on me. Still wanting information, I called back and spoke to another person, and explained what happened in the previous call, and he said he opened the file with my phone number, and that they had the wrong person to disregard the call, he would not give me any information and he hung up on me. So then a few hours later I called again, and got the person I had first spoken to. I tried to be nice to get more information. He told me that the loan was in December 2006, and it was a pay day loan done on line. I asked him who the original creditor was and he said he did not know, and I asked how he acquired the right to collect on it. He said that my account had been purchased by a group of investors who were attorneys, and that he was a self employed sub contractor who had been contracted to collect on it He said he was in Alabama even though the call came from Colorado.. I asked who the current creditor was, and he told me BCN Financial. I told him that, I did not take out a pay day loan, however I would reconcile my bank statements from 2006, and if I did in fact owe them, I would pay, and said where do I send the check. This person told me that they were not set up to accept payments by mail, ( that they did not have a mailing address) and that they could set something up (check by phone, debit or credit card). I said ok, I will get back to you. After reading this forum and calling the AG's office in my state, I called them back and asked for written verification of the debt, which they said they do not provide. He said that the notification that I would have received from previous collection efforts was my notification ( of which I had never received.) He told me that, if I had not resolved the matter when they called yesterday, that the summons was already signed off on, but that could resolve it now by paying by phone. I told him that, I am entitled by law to verification of the debt in writing, that they could not pursue a criminal prosecution for a creditor issue as it is a civil matter, and good luck with that law suit since it was time barred. The Statute of Limitations is up, ( 6 years here) he said December 2006 is nearly 7 years ago. I would like to see them waste thier money trying. Then again, they don't even have the right address. .
I just got the same call said that I had fraud against my name an soc number, and when I call them back they couldn't fine me and that they didn't have my number on file anymore, I feel like there should be a company name when you call them. This is crazy because everyone seem to be getting told the same thing from what I can see on here.
I received the same call tonight around 6:30 PM. I didn't answer so they left a message stating the same thing about coming to my home or job. Also gave me some kind of file number or something. I called back within 5 minutes. There was no answer. Got a message saying that no one was available at that extension and the mail box couldn't take any messages. Then it all of a sudden said there was some kind of error and hung up. The call literally made me sick to my stomach. i couldn't imagine what in the world they could be talking about. To ease my mind I began searching on line to see what I could find out about the number that was calling me. That's when I found this site. I am now quiet at ease knowing that this is obviously some kind of scam. They have called several times but I've never answered the call. This is the first time I have gotten an actual voice message.
I got a call tonight around 7:30 PM from 720-446-0630. Since I didn't answer, they left a message beginning with a recording of my name, then a live person saying:
"I am contacting you from the Processing Summons Division to notify you that there will be 2 charges filed against you in your county. It looks like fraud has been attached to your name and SS #." Again there was a recording of my name and the live individual continued the message with.."I do need to make you aware of your legal rights to address your charges prior to them being filed against you. You will need to do so before you receive your summons at your home or place of employment." Then there is a recorded case # of Q233053 and a the phone number to call. The message ends with " You will need to speak w/someone in their legal department. Very strange that a live person leaves the message but, my name is never said by the individual. It is filled in with a recording. Same with the case# and phone number. I called back within 5 minutes and got no answer. A recording said there was no one available at that extension and that I was not able to leave a message in the voice mail box. Then it said something about an error and the phone went dead.
I just got another call from these clowns. It is not from the same number, it was from 617 939 0084. This time they left no messages. This number is in area code close to me I called back not knowing who it was, figuring it was one of my docs office or something. I got the same recorded greeting as the 720 number had aand this time a woman ansered the phone. I stated that I was returning a call that had been placed to me, and she asked me for the case number, I said what case number? None was left, they did not leave a message. She said without a case number she could not help me. I said who is this she said BAA Associates. I said you called me, so take my number out of your system and she hung up.