ME,
Read my post above and read through the articles. Do not set up any payments, do not call them back. Their calls are breaking FDCPA laws! If you feel its a scam, you and your boss should both file complaints in regards, and it sounds like one. You can also check your credit, your entitled to a free credit report from each one once a year. You may also want to place a fraud alert on it.
credit reports: Experian, Equifax, TransUnion
http://www.consumer.ftc.gov/articles/0155-free-credit-reports
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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.
Thanks so much for all this info, you have really eased my mind. I got a call left on my voice mail yesterday, saying I had charges against me. That if I didn't call back, a summons would be issued and my rights would be waived. I do have debts, but they are medical due to a heart condition, and I am trying to repay. I didn't appreciate the call at all.
I have had this issue from a check n go payday loan for years now, I paid it off about 6 years ago but about 1 every year or so since I get these messages from some supposed collectors saying Im going to jail charges are being filed against me etc etc. I have found the best way to deal with them is push them for information I tell everyone of them I think they are a scam and that I want a letter on their company letterhead telling me I owe them this money. Nothing ever comes in the mail and eventually they give up on calling for about another year.
These are scam artist N!GGERS and they don't even know who you are or where you live so have fun with them. I call them and call them and call them, I've called them 50 times over the past three days and there is NOTHING they can do about it because if they are even in this country the cops will drag their N!GGER baboon butts behind their car on a rural dirt road and nobody will ever find their bodies.