888-394-0850

They keep calling me too

Call back got me an agent for "Newport Receivables."  The agent described the company as a "mitigation company."  Note that she did not answer the phone "Newport Receivables" as you might expect a professional to do and I had to ask twice before she told me what their company did.  I googled "Newport Receivables" but found nothing specific to that name.  I can't say whether this is a legitimate debt collector.  Maybe someone else can find some additional information.

No, it isn't and they are not a "mitigation" firm.  That is a word that they use to pretend that they are not debt collectors and don't have to follow the FDCPA or any state collection laws.

It is incumbent upon them under the law to prove that the debt exists and that you owe it, and (this is the important part) that they have the legal right to collect it. You are not obligated under the law to prove that you don’t owe or that it is paid.

Federal law (FDCPA) requires them to send you a letter, email, or text (postmarked in the case of a letter) within 5 days of their first contact that contains their name, physical address, the creditor’s name, and the amount of the alleged debt. Unless they have communicated it to you verbally at the beginning of your conversation. It also must contain the “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 communication 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. If and when you get that communication you should immediately send that debt validation letter by certified, return receipt mail.

You can also file a complaint with the FTC who will then direct you to the CFPB.  Or you can simply go to the the FTC website and file a complaint which will again be redirected to the CFPB.  No matter what you are going to end up reporting the complaint to the CFPB so why not go there first and forget about the FTC?  I mean seriously, you are not actually going to report anything about debt collection directly to the FTC but hey, knock yourself out!  https://reportfraud.ftc.gov/#/assistant

You should make a complaint at this Federal Agency, and while there you should also read up on how debt collection is supposed to work as well as what your rights in this matter are: https://www.consumerfinance.gov/

Also file a complaint with your State Attorney General's office.
List of State AG’s offices: https://800notes.com/faq/attorney-general

Thank you, BigA.

You are very welcome!

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