FTC: You have rights when debt collectors harrass you for debts you don't have ABC15.com (KNXV-TV)
The ABC15 Investigators examine complaints about aggressive debt collectors and your rights.VALLEY VICTIM TELLS HER STORY
Debbie Brooks of Laveen says she has been harassed for two years.
She says she has been called a "cheat" and that she was "welching" on a debt she owed.
But Debbie says she doesn't owe the debt.
Unfortunately, Debbie has the same name as someone who allegedly does owe thousands of dollars to banks.
She says debt collectors call her day and night, even though she spells her name with an "ie", not an "i" as the other Debbi does.
She also has a different middle name, different address, phone number, social security number and so on.
Debbie tells us, "It's a nightmare. It totally disrupts my life."
FTC: THOUSANDS COMPLAIN ABOUT COLLECTORS
Debt collection practices is the Federal Trade Commission's No. 1 complaint area.
Their website shows they had 140,000 complaints in 2010 alone.
Stop Debt Collectors Harassment
www.stop-debt-collectors.us Among other things, debt collectors may not do the following They cannot contact you without sending you a written ...
Do I have to put up with harrassment from "debt collectors"?
I had a seizure in school last year and was hospitalized. I repeatedly told the doctors that all tests had been done in the past and no explanation for these seizures had ever been found but they repeated all these expensive tests from expensive specialists again anyway. I further explained that I am a student with no income and could not afford to stay in the hospital at all but they kept me anyway. Now I am receiving harassing phone calls and threats of legal action. I'm still an unemployed full time student. I refuse to deal with debt collectors and my intention is to pay these doctors when I do graduate and find employment. Of course, as I told them, they were not ablt to find causes for my seizures.
You are responsible for those bills. At any time you could have easily signed yourself out AMA and refused treatment. You could have left the hospital. You could have screamed until they didn't give the tests, fought them off, gone to whatever extreme necessary for them to listen to you. Now you have to pay the bills. If they are actually "harrassing" you, that's one thing. They have to abide by the Fair Debt Collection practices.
You need to contact a legal aid attorney, immediately.
You are going to mess up your credit until you resolve this problem.
They don't care , their job is just to get the $$$ .
If you can not pay now , get caller ID .
Even if they do start legal action , you have no assets or wages to garnish soooo ,
What will happen ? It is called 'blood from a turnip'.
What may happen is that they hang in until you get a good job then start working you again . They will go after it for 7 years from the date of the debt .
Just get and use Caller ID , that's why it was invented .
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You are stuck with the debts and you are responsible for paying them off.
You need credit counseling from a counseling agency certified excellent by the National Foundation for Credit Counseling. Go to www.nfcc.org and use the agency locator to find a helpful office near you.
How many times, in one day, can a debt collector call?
When a debt collector calls many times, say above 10 times in one day, who can I contact about this? And is that considered harrassment? The companies never leave any messages and the few times I have answered the phone, it has been a pre-recorded messages telling me to call them back. What can I do about this?
They can contact you as much as they need to, but only between certain hours (8:00 a.m. and 9:00 p.m).
There is no law that determines how many times they can call, only when they can call and how they must treat you.
Send a Cease and Desist letter and never talk to them on the phone. All correspondence needs to be written and sent certified return receip mail.
Good luck
So write them a letter.
More info:
what can happen if some one sexually harasses a telemarketer, or a debt collector?
since they called did the calling, can they sue for harrassment. havent we all wanted to irritate those people that call us early saturday morning and during dinner.
When I worked in a non-sales call center, there was a special department that dealt specifically with folks who would hang up and get abusive.
While being sexually harassed was a reason for a normal employee to end a call, it did not stop the 'special' employees from calling you instead.
And most places record calls in some fashion- where I worked, I could be randomly recorded at anytime and I could also hit a button that would start a recording if I felt I needed something to back me up with the supervisors. So keep that in mind if you feel moved to make death threats.
In short- abusing them will not stop the calls. Someone out there is selling your phone number, and for every marketer that you ask to remove you from their rolls, five more call.
Two pieces of advice:
1. register with the do not call list: http://www.fcc.gov/cgb/consumerfacts/tcpa.html
2. look into buying something like this:
http://www.hellodirect.com/hellodirect/Shop?Dsp=30100&PCR=1:1:5:25:280:3020&IID=12200&itemskuid=12200&actn=addkeycodetocart&keycode=53400538&cm_mmc=Google-_-MISC-_-CallBlocker-_-stop%20marketing%20calls
I think it's just better for everyone's karma to politely say, "We don't buy anything over the phone. Please take our name off your list." and then hang up.
In Japan, we don't have that "Do Not Call" list (or no one ever told me about it). Some telemarketer from ALICO tried to engage me in a conversation after I politely did *MY* spiel, and asked me, "Excuse me, but you aren't Japanese, are you?" THEN I got mad, and repeated my spiel in a very testy voice. And hung up. I hate those calls too, but it's not worth my time to spend five minutes making someone else's life miserable.
How far is too far with debt collectors? Anybody familiar with the law?
I have a debt collector calling me and it leads to harrassment. I have made arrangements to pay off the account but it doesn't meet their "time line" . They tell me things like maybe I should file bankrupcy, you people that don't pay are pathetic, or get a job. I am a full time student and work part-time I'm tired of them calling me because i tell them what i can do as far as payment and they say "we can't except that". What should I do? I told them I would pay the account off in August isn't this fair enough?
Do not send a full cease and desist. If you do you leave them only two choices - sue you or sell the debt.
If you had not sent a debt validation letter yet, you should before you start talking about paying them. Make sure the amount they are requesting is the legal amount, that they have a legal right to collect that debt, etc., etc., etc.
Include in your letter:
I am requesting that no telephone contact be made from you to my home or place of business as it is inconvenient to me. All future communications from you must be made by USPS.
That is a limited C&D, it still gives them the right to contact you but only by mail.
Everything you send to them should be sent certified mail return receipt. Keep copies of everything - papertrail.
You might click on my profile and do some reading in the links I have provided - to the FDCPA, FCRA, etc.
Learn your rights and learn how to use them.
How may a debt collector contact you?
A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.
Can you stop a debt collector from contacting you?
You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.
You can make affordable monthly payments and be out of debt within3-36 months. Once you join the debt settlement program, all the communications from your debt collectors will be directed to the settlement company.
Check this out who has helped me with the same unsecured debt situation.
http://www.debtfreeafterall.com
Good Luck
Debt collector resorted to now faxing to my job.?
A creditor just faxed over legal proceeding information and included all information regardng my debt to my work in in which other staff members retrieved it in another department and then faxed it over to me. Is this legal. What can I do. This is harrassment on the job.
Furthermore, they had the nerve to post my social security number on the fax.
This is clearly in violation of the Fair Debt Collection Practices Act, which is enforced by the Federal Trade Commission.
Any correspondence to a debtor relative to unpaid debts is to remain confidential, with only a few exceptions.
Please refer to Sec. 804-805 of the Fair Debt Collection Practices Act.
I would even tell them "dont you know the law?" during the first call.
They will likely tell you that you are wrong and they will call the police which is totally a tactic to get you to pay. These guys basically get free money to collect your debt.
You can report it to the police but the FBI would be more serious about it.
Good LUCK!
In addition to calling them and telling them to stop, you should also mention you are considering a lawsuit for damages. Then tell them, (and DO IT) that you will be calling the State Attorney General.
Follow up with a register letter to the same effect.
Police and FBI won't get involved unless the AG instructs them.
trying to help/advise a 78yr old friend re: energy supplier and harrassment re: debt he disputes?
he left npower last november -now with powergen.
re: final bill he got shock of £370+ owing-i rang on his behalf-nothing for months then bill for £210 and court case-came to nothing/nothing heard-then a bill for £76.
these amounts are from same lot of figures added up by different persons!
countless letters of threats of baillifs/court action. re: £76.
the `supplier` npower told me on phone-"we couldn`t `justify` the amounts so MR A got the bills!
also stated they had him on record as having a `credit meter`-he has always been on a prepayment meter-payments made on a card to `top up` meter!
he rang me a hour ago-in a state-what appeared to be a debt collector? ringing his bell!
infor has not it seems been `passed on` to the debt collection agency!
he has also had over weekend -caller with held phone calls-disturbing to my friend who also has angina!
i intend to contact them 2moro on his behalf -wondered what advice to give him-thinks they`ll take to court for £76.
Get your complaint to OFGEN. They're good at helping - I had trouble with British Gas (elec. division) and they sorted it.
Does FDCPA apply? I'm harrassed by collector for debt of a stranger!?
This is a cross-post, I also asked in Law & Ethics...not sure if it's "legal" so forgive me if it isn't.
I am trying to find out how to deal with a very tenacious debt collector.
TWO YEARS ago, I switched cell phone providers (2 lines-1 for me, one for husband)...since the switch, I have been receiving calls from a debt collection agency for two people I assume are brothers or father/son...they always ask for or leave a message for "Tyler or Jason". It wouldn't be so bad, but my husband works nights, and it makes him insane when his phone rings an hour after he falls asleep and it's this dang bill collector. He needs to leave his phone on so he can be reached by his employer in an emergency, believe me, we have already considered turning it off.
I have contacted them by phone and by letter at least a dozen times in the last 2 years asking them to remove my number. I know that NO bill collector would be without caller ID...can't they see that I share neither a first OR last name with these people? I have even mailed them a copy of my cell phone bill letting them know that the number belongs to me (my name is on the bill, along with the phone number). When I have spoken to them on the phone, they ask me how to reach Tyler or Jason, since it's not their phone. Honestly, I am completely fed up and ready to sue them, but do FDCPA guidelines on harrassment apply when I am not the person they are pursuing? Can I use FDCPA and go to small claims or do I need to get a lawyer and sue for harrassment? Any knowledgeable advice will be appreciated.
Slimick: But, can I sue under FDCPA when I am not the debtor that they are pursuing-or are they breaking a different law pertaining to harrassment?
Yes, the FDCPA would apply to you even if you are not the debtor, I helped someone deal with this situation before.
§ 804. Acquisition of location information [15 USC 1692b]
Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the
consumer shall --
(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if
expressly requested, identify his employer;
Also you have this...
§ 806. Harassment or abuse [15 USC 1692d]
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in
connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of
this section:
As you can see it says they "harass, oppress, or abuse ANY person in
connection with the collection of a debt." so yes, you would be able to act under the FDCPA even though you are not the debtor.
You say you sent a copy of your cell phone bill, but did you send it certified return receipt and do you have a copy of the letter? If you can prove that you told them to stop contacting you, and can prove that they continue to call, you could sue already. If not, you'll have to start over.
If you don't have any proof of the previous letters you sent, send them another one stating that you are not the person they are looking for, do not know that person and are demanding that they cease contacting you. You can also include the situation about your husband working nights and the previous letters you sent to give your letter some added punch. Send that certified return receipt and keep both the green card and a copy of the letter. If they continue to contact you, get your phone records (or even better, record the call if your state allows it) and file suit for the FDCPA violations. If you're not comfortable suing yourself, visit NACA.net and find one of their attorneys in your area. If you lay the proper ground work, they will likely take your case on a contingency and simply bill the collection agency for any legal fees.
Edit - I just wanted to mention that Slimick is incorrect. The FDCPA allows for $1000 per ACTION (plus damages and legal fees) not $1000 per violation.
Is it legal for a debt collector to contact your relatives, who are not listed on any of your accounts?
I received a call from a lawyer's office yesterday that sounded pretty much like a debt collector, telling me to call back to avoid litigation, blah blah, blah. Not 5 minutes later I received a call from my 92 year old grandmother in Ohio (I live in Florida). She said that the lawyer just called her looking for me. I have never used my grandma as a reference, listed her phone number or address on anything, etc. The only way you'd know we were related is by our last name. This is the 1st time the lawyer has tried to contact me. He didn't even give me a chance to return his call, before he googled my last name and called anyone who came up. Is this completely illegal? Before I call this guy back, I'd like to give him a piece of my mind. I am totally upset he would involve my family into my financial problems. Please, is this harrassment? I need to know. Thank you!
PS. He obviously knows how to get a hold of me, he just contacted me a few minutes before. Maybe if he didn't have my number or something, i guess he could call her for it
How can I get debt collectors to stop calling my parents?
Creditors keep calling my parents house looking for me, but I no longer live there. They are beginning to get angry and threatening, and their behavior isverging on harrassment. I have contacted the company and given them my new address and phone number, but they won't stop. How can I get them to quit bothering my parents???
Your parents, or you need to register your parents, for National Do Not Call Registry. It takes about 24 hrs to take effect. It will stop the solicitation by phone (which is unlawful to begin with) and force the credit collectors to do it the proper way, using registered mail.
Regardless, you still need to make a commitment to pay your debt to end any kind of harrasment, even through mail.
Click here to register to the National Do Not Call Registry:
https://www.donotcall.gov/default.aspx
It will also stop annyong tele-marketers.
debt collector harrassing me at work?
Ok back in september i signed up with viking magazine services. basically the plan was get 5 magazines a month for a price of $60.00 a year just for shipping and handling. The deducted the first initial payment. and i was suppossed to receive a letter in the mail , to either continue or cancel services , then if i decided to stay with them they magazines would arrive. Well i never received anything from this company. although they deducted the payment. Now they are calling my job non stop regarding a debt of $852.00 Which i don't know where they got that amount from. I keep telling them that i never received anything from them, so why are they collecting this debt. Its gotten to the point that they called my supervisor and left her a message saying that they are trying to collect a debt from me and i am hanging up the phone on them , isn't that a bit personal. I spoke to a representative yesterday , and he says its not harrassment. but i have continuasly told them not to call me at
work , i have even given them my cell phone number. what should i do , this is starting to interfere with my job , and right now i need my job !!! i made a complaint with the better business bureau. should i also call the ftc. is there really a law that after u tell them to stop calling your job , they have to , cause they can't harras u at work?
the representative i spoke to yesterday told me , that i could have the president of the us tell him to tstop harrasing me and he will continue.
If you are in the U.S.:
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Once debt collection agents receive written notice from a consumer that he or she refuses to pay the debt or wants the collection agent to stop further collection efforts, the agent must cease any further communication with the consumer except
"(1) to advise the consumer that the debt collection agency's further efforts are being terminated;
(2) to notify the consumer that the debt collection agency or creditor may invoke specified remedies which are ordinarily invoked by such debt collection agency or creditor; or
(3) where applicable, to notify the consumer that the debt collection agency or creditor intends to invoke a specified remedy."
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See the page I link to below under section 805(c). You need to ask them for their address and notify them in writing that you will not be paying the debt they are owed, and that they will need to sue you to collect the debt.
Additionally, if your employer notifies them that calling you at work is against their policy, then the calls at work must stop.
debt collector harrassment - News
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Persecuted for bank debts of just £750 - Times Online Persecuted for bank debts of just £750 Citizens Advice, National Debtline and the Consumer Credit Counselling Service have unearthed harassment tactics used by some debt collection firms. |
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Lawmakers Urge Obama to Stop IRS Debt Collectors - On Wall Street Lawmakers Urge Obama to Stop IRS Debt Collectors an investigation into the use of private debt collectors and found that their services often subjected taxpayers to undue harassment and confusion not |
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Collection Plate - WebCPA Collection Plate I mention the Nevada brothel vignette, because now there is an effort to resurrect the movement to end the IRS’ private debt collection service. |
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You Have Rights Against Aggressive Debt Collectors - CBS 5 You Have Rights Against Aggressive Debt Collectors Many may end up in the hands of a collection agency. But that does not mean you have to tolerate threats, insults, and harassment. |
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Profile: From Bankruptcy to Blog to Successful E-Biz - ECommerce-Guide Profile: From Bankruptcy to Blog to Successful E-Biz Someone else in the group suggested Friedman should use his skill set to create a business helping people deal with debt collectors and collection agency |
