Federal law (FDCPA) requires them to send you a letter (US MAIL ONLY) within 5 days of their first contact that contains their name, physical address, the creditor’s name, and the amount of the alleged debt. It also must contains “mini-Miranda” telling you that it is an attempt to collect a debt and that all information will be used for those purposes. The one other important thing that this letter must also have in it is that you have a right to dispute the debt within 30 days of receipt of the letter and if you do so, all collection activity must be stopped until the debt is verified.
Read up on your rights here, get template letters to send and also make a complaint at this government site: http://www.consumerfinance.gov/
Also file a complaint with your State Attorney General's office.
List of State AG’s offices: http://consumerfraudreporting.org/stateattorneygenerallist.php
Not only have i been contacted my grandmother has been contacted by this company regarding a payday loan from 2010. I received a threatening vm stating that legal action would be taken if I did not call them 02/03/2016. I called asking for validation as I am unaware of the debt and I was then threatened to have a warrant sent out for my arrest as I was refusing acknowledge. The man was very rude and nasty. When I asked him for validation he told me that I KNEW about the debt and hung up. He then proceeds to call right back and stated that they would be suspending my license and I would not be able to open a business of any sort. "Ok Sir" I just received another vm stating that I needed to be available at my place of employment from 12pm -5pm as papers would be served to me. I called again to ask for a validation of the debt. They read me information which I still was unaware of. The representative to me the collection came from a Lazer Lending in which I asked I could still be provided validation of the debt. They had my email address and other information. They proceeded to tell me that the company put the collection on my credit report sometime in 2011. She was adamant that it was placed on my credit report and it would show as Lazer Lending. I simply replied it was never on there. She then states that they filed a document number (N110000000459) 01/19/2011 in me city of residence. When I asked why I cant see that doc number on the County of Clerk site she then places me on hold. When she came back I then again asked for validation however this was a new person. I explained to her the contradicting information and SHE then places me on hold. When someone came back to the line it is then a new representative named Samantha who blatantly stated "so you're telling us to proceed with filing the documents against you". "No Samantha, I telling you I need you to validate this debt in writing to me PERIOD. You seem to have information about me on file just validate the debt. I was advised that they couldn't because they are acting as a mediator on the companies behalf. So I then asked why in the HELL would your company threaten me with being arrested and coming to my job to serve me and/or arrest if you can't validate the damn debt. I have voice-mails to PROVE that I've been threatened and harassed for something that can't be validated. She then tries to calm me down. I again asked for validation. She said they cant provide that. I advised that I was filing a complaint. They then stated they will see me in court.
How can I verify whether or not a debt collector is legitimate?
Here are a few warning signs that could signal a debt collection scam:
The debt collector threatens you. Legitimate debt collectors probably won't claim that they'll have you arrested or claim that they or their employees are law enforcement officers.
The debt collector refuses to give you information about your debt or is trying to collect a debt you do not recognize. You have certain rights to ask a debt collector to verify the debt. You can use this sample letter to request this information. Ask for an explanation in writing before you pay.
The debt collector refuses to give you a mailing address or phone number.
The debt collector asks you for sensitive personal financial information. You should never provide anyone with your personal financial information unless you are sure they're legitimate.
If you think that a caller may be a fake debt collector:
Ask the caller for his or her name, company, street address, telephone number, and professional license number. Many states require debt collectors to be licensed. Check the information the caller provides you with your state officials, or the state in which the debt collector holds a license. If the caller refuses or is unable to provide you with information about his company, or if you can’t verify the information he provides, do not give money to the caller or company.
Tell the caller that you refuse to discuss any debt until you get a written "validation notice." This notice must include:
The amount of the debt
The name of the creditor you owe
A description of certain rights under the federal Fair Debt Collection Practices Act
If a caller refuses to give you all of this information, consider requesting this information in writing or seeking assistance before paying the debt to make sure the debt, and the company, are valid.
Tip: You can consider sending the collector a letter requesting the information by using one of the CFPB's sample letters. You can also submit a complaint to the CFPB or you can contact your state Attorney General’s office.
Do not give the caller personal financial or other sensitive information. Never give out or confirm personal financial or other sensitive information like your bank account, credit card, or Social Security number unless you know the company or person you are talking with is a real debt collector. Scam artists, like fake debt collectors, can use your information to commit identity theft such as:
Charging your existing credit cards
Opening new credit card or checking accounts
Writing fraudulent checks
Taking out loans in your name
Contact your creditor. If the debt is legitimate – but you think the collector may not be – contact your creditor about the calls. Share the information you have about the suspicious calls and find out who, if anyone, the creditor has authorized to collect the debt.
Report the call. Submit a complaint with the CFPB or get in touch with your state Attorney General's office with information about suspicious callers.
Stop speaking with the caller.If nothing else works and you believe the calls are fraudulent, send a letter demanding that the caller stop contacting you, and keep a copy for your files.
Tip: You can use this sample letter to write a letter demanding the debt collector stop contacting you. By law, real debt collectors must stop calling you if you ask them to in writing.
Tip: If you're having trouble with debt collection, you can submit a complaint with the CFPB online or by calling (855) 411-CFPB (2372).