Well, this person calls 3 times a day asking for so and so and i tell them that they dont live here but yet they keep on insisting to talk to them. i tell them that they dont live here and we know NOTHING of this person. Then they start giving me attitude saying that i am SUPPOSEDLY related to this person, trying to cover up for them and that if i dont tell them where that person is that i am in trouble. Then i told them that i was going to call my lawyer and SHE MOCKED ME and told me that I dont know what im talking about and that SHE is an attorney and blah blah blah blah BLAH!!! What can i do to stop these phone calls from happening?!? Thank you for your time :)
They call at random hours - ask you to hold - then ask for a person that doesn't even live at your house. I have NO idea who they are - they didn't identify the company or whatever !
What is up with this? I'd like them to stop calling me!
Ed Overcash, LLC
133 Villa Rd., Ste. 401
Greenville, SC 29615
This is a law firm acting as a debt collector.
Send them this letter VIA certified mail with return receipt requested. If they continue calling after you have proof they received it, you can sue them for TCPA and FDCPA violations:
Date
Your Name
Mailing Address
Your City, State, Zip
Re: Notice to Cease Contact Regarding Debt for ______________________
Name of Collection Agency
Mailing Address
City, State, Zip
VIA CERTIFIED MAIL
I am notifying you in writing that your agency has contacted me regarding a debt for [name of person who collector is contacting you about]. No one by that name lives at my address or phone number.
Therefore, I am requesting that you cease all communication to my phone number regarding this person's debt. If you persist in believing that [name of person] is somehow connected with my address and/or phone number, please provide proof of your claim.
You should direct all future correspondence in writing as outlined in the Fair Debt Collection Practices Act (FDCPA) and to cease all communication with me by telephone.
Lastly, I would like to receive confirmation in writing that you have received this letter and will no longer be contacting me about this other person's debt, or I will be forced to seek further legal action.
I look forward to your acknowledgement that you have received this notice by [date that is two weeks from date of letter].
Sincerely,
_______________
(Signature)
Your Name
http://www.privacyrights.org/Letters/debt6.htm
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.
They have called my home and then my Mother's harassing her. Saying I owe a lot of money and volunteer private information. I have told them to stop calling and they persist. They are a supposed law firm that acts like a collection agency. It is always a recording sent at different hours.
People just know collection agencies have no real power except to make annoying phone calls. There would be debtors prisons if they could. Colection agencies sell paper all the time for pennies on the dollar for debts older than 7 years which is the time the law says they are no longer valid. NEVER send them a dime.If you do they can legally try to collect an old debt.
Well, this person calls 3 times a day asking for so and so and i tell them that they dont live here but yet they keep on insisting to talk to them. i tell them that they dont live here and we know NOTHING of this person. Then they start giving me attitude saying that i am SUPPOSEDLY related to this person, trying to cover up for them and that if i dont tell them where that person is that i am in trouble. Then i told them that i was going to call my lawyer and SHE MOCKED ME and told me that I dont know what im talking about and that SHE is an attorney and blah blah blah blah BLAH!!! What can i do to stop these phone calls from happening?!? Thank you for your time :)