I have been receiving calls for a Charlotte Aimes for over a year and a half from a variety of different numbers.. they called this morning yesterday morning and I cant handle it anymore...Help me!! ive asked every time to be removed and they always ask me the same thing....Can we have your number so we can remove it from our systems.....This has got a scam so they can continue to call me right? I refuse to give it to them on some occasions and they reply.."Sir we cant help you if you do not give us your number"...I want to do more about this!!!!!
The next time they call, let them know they are violating the TCPA and FDCPA by harassing a non-debtor and you will take legal action against them if the calls do not stop.
Under the TCPA, a consumer has a right to file a lawsuit and recover $500 for each call that violates the TCPA. The TCPA can also be used in conjunction with the Fair Debt Collection Practices Act in some situations.
Generally, the TCPA does not apply to debt collectors making collection calls to debtors. However, if you are subjected to calls from a debt collector and you are not the debtor, you may file a lawsuit against the debt collector under the Fair Debt Collection Practices Act (FDCPA) and the TCPA.
This right was recently recognized by Judge Legrome D. Davis in a case called Watson v. NCO Group, Inc. NCO Group is a debt collector that uses automated prerecorded collection calls. In this case, Mr. Watson alleged he was getting hundreds of calls from NCO Group after he got a new phone number. Mr. Watson claimed he owed no debt to NCO Group, Inc. Mr. Watson filed suit under both the FDCPA and TCPA.
David Israel, defense lawyer for NCO, argued that the TCPA should not apply to debt collectors. Judge Davis rejected the argument made by David Israel. The judge ruled that Mr. Watson had a right to sue NCO Group Inc under the TCPA for $500 for each call. Judge Davis wrote;
[The] Court is convinced that a non-debtor's rights are in fact violated when he is subjected to repeated annoying and abusive debt collection calls that he remains powerless to stop.
Judge Davis' ruling was based upon his interpretation that collection calls to non-debtors violate the privacy rights provided by the TCPA.
So what can you do if you receive "wrong number" calls from debt collectors?
1. Sign up for the Do-Not-Call registry.
2. Save the calls captured by your voice mail or answering machine.
3. Contact a consumer lawyer.
I received calls from 770-870-1080 and it is Convergent, a debt collector in Atlanta, GA. They will call and harrass you so make sure you put YOUR phone in someone else's name. This way you can call a consumer attorney and sue the [***] for each call. Get a god consumer attorney and follow through, trust me, the calls will stop overnight!.