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.
The exact same thing happened to me. I got a calling looking for a gentleman that I never heard of both on my cell and on my phone phone. I called back to tell them that they have the wrong number and today I got the same call with my name attached to it. I know exactly who I owe and who I don't and ALL of my bills are paid timely every month. Therefore, I know this call is B.S. and I will give them a piece of my mind if they call back. There should be a way to stop this harassment. They are not getting one dime out of me. I can promise that.
When I called them back to tell them that they had the wrong person, I did not give my name and they did not ask my name. I guess they could have looked it up in the phone book or online. I don't think I paid extra to be unlisted. Guess I should have.
When I called them back to tell them that they had the wrong person, I did not give my name and they did not ask my name. I guess they could have looked it up in the phone book or online. I don't think I paid extra to be unlisted. Guess I should have.
Received two calls from this number mentioning a person by name - who happened to be in my database. This was a recorded message and message was already running when telephone call was answered. As many others have said, it was about fraudulent charges against SS# and they needed to hear from the party prior to serving a summons at place of employment and home. I attempted to contact the individual they wanted - he related it was a SCAM - . To me, it was invasive and harrassing - it upset me greatly, but I was relieved that it wasn't a legit call; however, receiving this type a call in a business atmosphere is also not legal. I tried to call the number back and got put on hold so hung up. I did relay the informaton to the security office, but their only suggestion was to block this number. Will see how many more times I receive this message.
I just got a call from this number, and a voice mail threatening arrest warrants for fraud. The message was for someone I never heard of, but I called back anyway. Put on hold, interesting Spanish guitar hold music, then the young lady comes on. I told her I got a message on my phone from them, but I was not the person they were looking for. She said she would take my name (which I had not given) and number off their lists. In mid sentence I interrupted her and said I am very concerned you are violating the FDCPA (Fair Debt Collection Practices Act) by threatening arrest warrants. She promptly hung up on me.
My next call is to the Attorney General in my state and Colorado. These guys need to be stopped.