Harassing calls from a debt collector? Here is what you need to know
Debt collectors are highly motivated to convince debtors to pay the debt because they work on a commission. This business model has created the reputation for bill collection agencies that we know today. The collector might engage in threatening behavior and harassment. However, like any other business they are governed by laws that prohibit certain abusive practices.
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- Rosie replies to KathieI got a call like that, and they wouldn't even give the company's name at the beginning of the message. So that really confused me. THEN, they did the same thing, if you are so and so, please press 1. If not, press 5, and your call will be ended. Is that legal?
- Rosie replies to mikeActually there is a law about when banks and financial institutions are allowed to be open. If it's a NATIONAL banking holiday, legally, they'd be closed like any other bank. Same with on Sundays. I've had it where I'll get calls all week, but of course, since Sunday is not a banking day, they do not call then. The one day of peace for debt that is not mine in the first place.
- motherofdebtor| 1 replyMy adult son insists he did not give out my phone number. It is unlisted and has been mine for 27 yrs. I am financially responsible however I continue to get phone calls from Dell Financial and Tritium Card Services for my adult son. Not just monthly but every other day and after I have gone to bed for the evening. Even after I tell them that there is no legal way I would be responsible for an adult sons debt, I get the calls. How can they harrass me continually and continue to say that they have removed my number? He is not in the same state I am in.
- Bombero| 1 replyThis message is for anyone who doesnt know what to do when receiving these misrepresented calls.
DO get Names and legitmate phone numbers. At least a company name.
DO record the date and time.
DO tell the caller to remove you from their call list. Even if you have a business relationship with the company, they must comply within 30days.
DO NOT just yell at them to stop calling and hang up, its useless.
DO NOT take any excuse or No for an answer. Even NON Profits have to take you off the list if you ask them too.
DO complain to the FCC. http://www.fcc.gov/cgb/complaints.html . I have received a reply back on every company I complained about.
DO follow up or appeal that complaint with the FCC. The FCC may tell you that the company is exempt for one reason or another, but they are still violating the law by; using a fake number in their Caller ID; By not having a human or recording answer the phone with in 4 seconds of you answering; Claiming to be a survey company to establish a relationship that will allow their "Partner" companies to call and sell you stuff;. War dialing and "Dead Air" calls are illegal whether you are an exempt company or not. The follow up/appeal is a necessary step to enforce that action, otherwise the "exempt" claim is withheld and they get away with the abuse.
DO complain to the parent company that hired the telemarketer. It may not go far but you may feel better. See the FCC paragraph above.
DO complain to DONOTCALL.GOV, not nearly as powerfull as FCC.GOV, but every little bit helps.
DO cut and paste these instructions anywhere someone will listen or other "who called me" type web sites. - MSFIRE replies to live4today| 4 repliesI am so sorry to hear that. My mother suffered from liver damage and when she passed away i was left with a huge medical bill. I know how rude these people can be. It was easier for me to call the hospital since they knew the situation and make arrangements with them. They gave me a payment plan I could work with and took the account back from the collection agency. I don't know if your sister could do that but it might be worth checking into. It does not take away the pain or stress but it might help. Again I am sorry to hear that. And for the guy that made the loser remark, shouldn't YOU have a job instead of attacking people you don't know all day long!
- Tunie| 1 replyI've been receiving calls at my business FAX line since before Christmas from the same "law firm" who does debt collection. I have kept a record of all the calls and have called them myself as well, twice.
The person they are apparently looking for is not me - not even close in name - someone I've never heard of. I've had this business fax number for 8 years and these calls just started a couple months ago.
The first time I called, I requested and was advised that my number would be removed from their list within 48 hours.
A week later the calls were still coming in. I called again and, without requesting it, I was passed to a supervisor when the first person was unable to locate the number I was calling about.
The supervisor was RUDE to the extreme right from the start. I was and have been polite during each of the two calls I have made. Being rude gets you nowhere - I'm smart enough to know that.
The supervisor also advised that she could not locate the number and she would pass the information on to her "Automated dialing supervisor."
Since then? The calls HAVE increased from 4 a day to 8 a day to my business fax line. I honestly feel that calling, and being NICE about this netted me nothing but more harrassment. If this was a bill I owed, fine - I understand debts have to be settled.
But this is an automated dialing system calling my business fax line now 8 times a day regarding somethings that has NOTHING TO DO WITH ME OR MY BUSINESS. All it does it tie up my business' fax line.
Despite the fact that this company's employees have twice told me they cannot find this number in their calling list, their system manages to call it 8 times a day.
I have filed a complaint with the FTC and have, just today, sent this company a certified letter requested that these calls cease immediately.
I'm going to give it 10 days. If I hear nothing and the calls do not stop, anyone have any idea of what my next step should be? - oh replies to Franklin| 3 repliespeople can only pay what they can pay. And still have the right not to be harassed day in day out by phone calls. For example I have been paying all my creditors but have not been able to pay the whole monthly payments. I am still paying but they call constantly. It is not so much about blame but more about privacy and the right to peace and quiet.
- heavypbx| 6 repliesBetter way...... I've received calls for a debt I didn't owe. Got the paperwork saying who sent the claim to collection. Paid the full amount to the collection agency (not a whole lot of $$). Then filed a small claims suit against the merchant that "carelessly and wrecklessly" engaged a collection agency to hound and intimidate me (the wrong person)into paying a debt I did not owe in order to save my credit rating and sanity from the constant calls and agency intimidation. It was a slam dunk. I got back the full amount I paid the collection agency who only gave part of it back to the original merchant. Also got filing fees, compensation for my troubles and the merchant sent letters to the agency and all credit beaueaus to make sure I was vindicated.
Don't fight the collection agency, put the onus back onto the merchant who LIED or screwed up in thre first place. - RevenantAngel replies to FranklinWe are not talking about avoiding payments or trying to get out of our committments. We are discussing how unethical collection practices can be stopped. Yes. We owe money. But that does not mean that collectors can harrass us and our families. It is illegal and they need to know that we are aware of our rights and will stand against harrassment. The ideas discussed here are how to get collection agencies to treat us with respect. Something you know nothing about. So keep your mouth shut or risk revealing your ignorance. Wait...you already did.
- RevenantAngel replies to christopher srMost phone companies have a selective call blocking service that will allow you to add specific numbers. When those numbers call they receive a message stating that you are not receiving calls from them. Ask you phone provider for details.
- FAN replies to heavypbx| 5 repliesOnly problem with that is when the company is not calling for you and continues to call and will not tell you the name of the original merchant. Wants to know how to get ahold of someone I dont know and when I tell them I was told to get real I know how to get ahold of them, and otherwise it is non of my business. 2-3 calls on my cell phone a day is my business.
- jonnybgood| 1 replyI was laid off from working for the State of California. They delayed my benefits for more than a month "because the winter storms shut down offices". Well my creditor didn't give a damn so I told them to call the state and rush my check. I asked her if she wanted me to pull the money out of my ass, and she had the nerve to ask if I could borrow money to pay them!!! How does that make sense, borrow from one creditor to pay another? I believe in being responsible for your debt, but when you have no income your kinda limited on making payments.
- coolethan3| 142 repliesDoes ANYONE know who these ppl are? They call and tell me to pay something and leave a case and phone number, but won't give me their name of business and their address not even a fax number. I called them back and asked for MR. BROWN Ext. 7558. When he answered the call and I asked if he was MR. BROWN, he said that he isn't. But I knew that it was his voice. It's been a week since the first time they called and let me know that I owe some money and still nothing in the mail about the aledged amount. I know they are a collection company but are they even real? I have told them that I cannot recieve personal calls and BROWN keeps calling. Not only me but always asking for my boss. The last call to my boss, he asked for me and then told my boss that he would be talking to her NEXT, after me. I run the number and noone here seems to know who they really are (Collection company name). I have read alot of stories on this website and not all ppl in debt ever plan on being in DEBT. Everyone knows that things happen to good ppl and there is nothing anyone can do to avoid it. So everyone who says ppl in debt should just pay, need a reality check. Alot of ppl don't have mommies and daddies and family that would just give them a couple grand, just cause they ask, or cause they need it.
- tlcpetmommy replies to Franklin| 4 repliesYou are NOT obligated by Federal Law, to pay a Collection Agency!!! You may owe money to the original Creditor, but not a 3rd party debt collector, and they have NO authority, to get you to pay, or collect.
Most times, the original creditor, will not work out payment options with you, except a lump sum payment. And when you've had a sudden and/or lingering illness, or got laid off of your job - it takes awhile to get back on your feet.
A majority of us are not deadbeats - but victims of unfortunate circumstances beyond our control. Please don't judge, until you've walked in our shoes. It could happen to you, and by your attitude, maybe it should!
Again, if Law says a Collection Agency has no Authority, and I am under no obligation to pay them, why should I?
google Fair Debt collection practices Act and check out consumer protection laws at www.ftc.gov - tlcpetmommyIn supplement to my message above, please note I am not an Attorney; I do NOT work for an Attorney or Collection Agency. The information I posted, is due to my own research and studying. I am well versed in the Fair Debt Collection practices Act (regarding Debt Collectors), and the Fair Credit Billing Act (original creditors regarding revolving charge cards, including store charge cards, MasterCard, Visa, Discover, AmEx etc).
In fighting the above lawsuits, I've spent many hours studying the laws above, as well as the Civil Procedure Laws in my state. It's been surprising how many Civil Procedure Laws, and Federal Laws, the creditors, debt collectors and even LAWYERS have violated; and what is worse, they ALL know better.
I hope my posts helps someone out there in undesireable and victims of unfortunate circumstances beyond our control!
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