Paying for Robo-Calls New York Times (blog)
Enhanced Recovery Company made the argument that, basically, holding them responsible for repeatedly calling the wrong people would set a bad precedent, and cost the industry too much money. They tried to persuade the court “to recognize that people are moving in droves from landline to cell service,” and “that numbers are portable (so numbers that used to reach landline phones may start to ring cell phones),” and “that making it risky to use predictive dialers will drive up the expense of debt collection—which in the long run will lead to higher prices across the board (since firms have to cover the full cost of doing business). “
Enhanced Recovery’s logic seems, to me, to perfectly represent the spirit of the times. If someone—a government agency, a consumer group, an individual like Teresa Soppet or Loidy Tang—questions a particular business practice, the company threatens “higher prices across the board.” And government and the courts are expected to frown upon any policy that could drive up business expenses—no matter the potential benefits of that policy. It’s better to stick individuals with the bill than dare to burden a corporation.
Outrageous Calls From Debt Collectors ABC News
Audio tapes reveal the illegal tactics used by third-party debt collectors.
Is there any legal way to get debt collectors to stop calling me constantly?
I have the same debt collectors calling me 4-5 times a day even weekends. Is there a legal way I can get them to stop bugging me?
Yes, I actually hired a debt consolidation company to help me out but yet the calls still come.
Tell them that you put all the names of the companies you owe money to, in a hat. Each week, you pull a company outta the hat ... and you pay it ... and if they don't stop calling so much, you're gonna take their name outta the hat!! J/K!! ;)
Seriously, the only way this is going to stop ... is by paying a bit on each bill every month. If they still constantly call you, especially 4-5 times per day ... look into the laws in your state regarding harassment.
If you can't do that, you should try to work with your creditor to see if they can set up a payment schedule that you can actually afford. You may be surprised at their flexibility: often to them, if they can get any money, it's better than no money.
Barring that, you may want to try a credit counseling service, which might be able to negotiate a payment plan you can do. That'd be something like Ameridebt.
Listen to personal financial experts i highly recommend Dave Ramsey www.daveramsey.com
In the long term you need to try to get the issues that they are bugging you about resolved. Some debt collectors will add something substantial to the debt each time they phone, visit or write to you.
How can I stop debt collectors calling for my roommate?
So I have a home phone, its in my name and my roommate never uses it, or answers it. Since he never uses it I pay the whole bill. I assume that the debt collection agency has his address and looked up the home phone number associated with his address. I have told them that indeed he does live here but that this is not a viable way to contact him and that I have no intention of providing a contact number for my roommate. The calls still persist. How can I make them stop?
Legally, they CAN'T contact anyone other than him except to ask how to contact him. If you KNOW they are collectors, they have already violated the Fair Debt Collections Practices Act, a Federal law. If they have called again after you told them to stop, they are not going to stop.
Legally, you can send them a letter instructing them to cease all contact except to inform you they are suing you, which they have no grounds to do.
Practically, go to a sporting goods store and buy and air horn. Next time the collectors call, inform them you consider them prank callers and the air horn will sound in 3..2..1..BLAST AWAY. They should get the message.
:)
https://www.donotcall.gov/register/reg.aspx
B) GIVE THEM A CONTACT NUMBER. Don't protect an idiot.
1. tell them they need to quit calling.
2. If they still persist, notate how often they call you for a week-2 weeks.
3. Report them either with the state of the corporate office (since they would have to know where the collections department is for that company), or report them to a website, and I'm sorry, but it slips my mind on the name of it. I'm sure if you did a google search on "reporting harrassing creditors", there would be a good website to go off of.
Good luck! I know what you're going through!
You can't. If they have the number then they will continue to call especially as you told them he lives there. You need to change the number and not allow him use of the phone.
How can I stop debt collectors from calling my Dad's house about MY debts?
I haven't lived with my Dad in 12 years, yet they keep calling him, multiple times a day. I am not paying these any time soon.
What are the laws about this?
The following answers DO NOT answer my question:
- "Pay off your debts"
-"Take responsibility and call the collectors."
(Unless I can present them with some law they are breaking, this won't stop them from calling my Dad's)
Your father should report them to the state attorney general's office. If you are an adult and haven't lived there in twelve years, he has nothing to do with your loans unless he co-signed for them. Additionally, he should go on the do not call registry ( both state and federal) and follow up by writing a cease and desist letter. Next time he receives a dunning call, he should take all the information down--name, address and fax number, and follow through with the State Attorney General and with the Cease and Desist letters. If he still gets no relief, he should change his phone # to an unlisted one. Best of luck to you both.
Your second "acceptable answer" actually is the one you must choose. call the collectors, make a reasonable plan for payment, and take your father's contact info off their records.
Laws vary by state and debt, but generally:
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.
If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.
And finally, of course, pay off your debts and don't accumulate more.
I used "Credit Solution" to settle my debt and avoid bankruptcy.They managed to reduce my debt up to 58%.It's legitimate .I came across this company on NBC News Special Edition.Check it out here:
http://creditsolution01.notlong.com
How do you stop debt collectors from calling your cell phone?
An company called NCO Financial Sytems keeps calling me every day with a recorded message saying that I should call a 1800 number. But when I call this number I can never speak to a representative. Help!
When I try to answer, I get a recorded message! And I am not in debt, just from research I know that this is a debt collecting agency.
I had a problem with this exact company. You have to send them a letter in writing. Their address is:
NCO Financial
P.O. Box 4907
Trenton, NJ 08650
Include this paragraph with your letter:
The Federal Trade Commission's Fair Debt Collection Practices Act, 15 U.S.C. Section 1692c, you must stop contacting me if requested. I understand that this Act includes some exceptions. I demand that you cease attempting to contact me about this account, except for the specific provisions allowed under federal law.
All further contact from you will be carefully documented. If further contact is in violation of the federal law, I may pursue a legal suit for violation of my civil rights.
===================
If you only want them to cease contacting you by cell phone, then state that. If you want them to cease contacting you altogether, you can use the above paragraph.
In any case, if this is a debt you owe, you should try to resolve it so that they do not pursue a judgment against you.
Good luck.
It's very simple to stop the calls. Send a cease and desist letter to them. Use the sample template below. By law, once they receive this notification, they can not contact you again. If they do, you can sue them for violations of the FDCA. This is a simple small claims court suit, but you will need some sort of proof they are still calling.
You also need to prove you sent them the letter, so be sure it's sent certified mail, return receipt.
1) Say "why are you guys always picking on me?" in a very whiny tone.
2) Drop your cellphone and stomp on it.
3) Pay your debts on time.
4) Buy a new cellphone when you are actually debt free and can afford it.
It really works!! Don't thank me though, I'm just doing God's work.
Hope this helps!
Debt collectors calling cell phones?
Hello i suddenly started getting 15 calls a day from debt collectors. Debts that are from my mom and dad. I keep telling them its not there phone and i offer to give them their cell phone number and they say calling a cell phone is illegal?? But they call mine? they almost made me late to work one time cuz i guess they called my phone when my alarm was about to go off and it turned my alarm off. What can i do about this problem? THank you!
Under federal collection laws, ask them for a fax number or address to fax/mail a letter explaining the situation, and demanding that they cease calling you, then fax/send that letter.
Under federal law they are required to comply, otherwise they can be sued (In small claims court!) for up to $5000.
98% of the time, that stops it. the other 2% of the time, get as much information as possible about the company calling, then sue them.
What can I do once my debt has reached the seven-year mark? The debt collectors won't stop calling!?
I have old credit card debit that has been considered past due for about eight years now. How do I know if it has been removed from my credit report (or if I need to do something to have it removed). Also, how do I get these debt collectors to stop calling me?!
Except for Beverly nobody else knows what they are talking about.
There are 2 time lines involved the first is per the Fair credit Reporting Act and it says that derogatory accounts drop off 7-years from the date of first delinquency which works out to 7-years and 180-days. Nothing resets this time line.
The other is the statute of limitations and this varies by State and type of loan, this is the time that creditors have to legally sue you in court and win any accounts that are past the S.O.L. you can still be sued for but all you have to do is show the court that the account is past the S.O.L. and it will be dismissed. Any payment made resets this time line.
As far as getting them to leave you alone, send them a certified letter return receipt requested telling them to cease and desist all contact with you except by U.S. mail.
I have posted a link in the source box so you can look up the S.O.L. in your State.
Good luck.
How can I stop debt collectors from calling ?
I have credit card collections calling me. They call several times a day seven days a week. I was divorced 6 years ago and my ex was ordered to pay the bills and he didn't.
So I have been bothered with the calls, letters ever since. I live in Michigan and the statute of limitations is 6 years. It has now been 6 years...How can I stop the calls. How can I clean up my credit report?
Any help would be wonderful.
Thank you
do you have anything in writing that your husband was responsible for the bills. IF so get that handy.
Next pretend like you have an interest in paying the bill so that you can get the address to send a cease and desist letter....
you MUST send this letter return reciept requested (about $4,.00 at the post office...make them sign for it so you have proof that they got it...I would even make a copy of the same letter and send it to myself on the same date so that you have a bit more proof....) When your letter comes back to you, dont open it, put it someplace safe and wait for the return reciept from the company.....then watch the phone calls cease or get ready to get a few bucks for the harrassment.
Your Name
Your Address
Collector's Name
Collector's Address
Mr./Ms. AZZHOLE BILL COLLECTOR,
I am writing in response to your constant phone calls!
According to the Fair Debt Collection Practices Act, [15 USC 1692c] Section 805(c): CEASING COMMUNICATION: You must cease all communication with me after being notified in writing that I no longer wish to communicate with you. Therefore, I demand that you stop calling me at home, at work, on my cell phone or at any other location!
In accordance with the federal FDCPA, now that you have received this "stop calling" letter, you may only contact me to inform me that you:
·are terminating further collection efforts;
·invoking specified remedies which are ordinarily invoked by you or your company; or
·intend to invoke a specified remedy.
Be advised that I am well well aware of my rights! For instance, I know that any future contact by you or your company violates the FDCPA and that since you already have my location information, calls made by you or your company to any 3rd party concerning me violates section 805(b)2 of the FDCPA.
Be advised that I am keeping accurate records of all correspondence from you and your company, including tape recording all phone calls. If you continue calling me I will pursue all available legal actions to stop you from harassing me and my family.
Signature
Your Printed Name
Is there a law against how often and when debt collectors can call you?
Im getting harrassed by a debt colector that already knows the debt is past its Statute of Limitations, and still continues to call me.
They call me day, night and the weekends.
What can I do to report them?
And does anyone have a link to where I can read what the laws are against debt collectors calling me.
Thank you.
They are violating the FTC regulations [CITE: 15USC1692d]regarding the collection of a debt.
You must follow certain procedures to get them to stop and perhaps even sue them in civil court.{CITE: 15USC1692k]
The clock on debt will reset if you pay this charge off and will remain a negative for seven years from date of last activity (the date they receive payment).
If you decide to ride it out, then the clock is considered to start from the last month/year of delinquency (last missed payment).
Check your states Sol at the following link
http://www.fair-debt-collection.com/sol-...
If this debt is time barred, then just let it ride out.
I invite you to join the following Yahoo group "DontGetRippedOff" dedicated to helping those in financial trouble, Here you will find information to help you with debt collection agencies.
http://finance.groups.yahoo.com/group/dontgetrippedoff/
What does the fair credit law say about debt collectors making phone calls to a private residency?
I'm sick of rude debt collectors calling me on the phone. Until I can pay them off, what can I do to make them stop calling me?
the FDCPA allows a collection agency to call you once per day but no more.... Also, you can stop them from calling you by ordering a cease call.... The collector can be fined if they do not obey your wishes.. You simply ask for the name of the company that is calling you and for what bill.. Then ask the name of the person and state they are in or their collector ID number. Tell the collector under the FDCPA law that you are ordering and cease call and you don't want them to ever call you or write to you again. If they do then you will hold that collector responsible. They can be sued also and they know it because its on the collectors FDCPA test they have to take in order to get the job. Tell the collector if that company ever calls you again then you will hold that collector responsible and that you are taping the call. They have to do it or you could take the tape to a lawyer and they would be more then willing to sue. In many cases debts have been erased due to collectors not obeying the FDCPA rules and laws. Ask any collection lawyer who deals in this field. I know all of this because I use to work for a collection agency for 5 years
How to stop debt collectors from calling?
When they are asking for a person that had your phone number previously, and they don't believe that you are telling the truth when you tell them that this person is no longer associated with this number, etc.
Wow....Ron B, you take a lot of time and trouble to come to your conclusion....let me offer a short version.
Send the collection agency a letter, making sure to include the lines below, from the Fair Debt Collections Act. Include a copy of your phone bill with your name on it.
Looks pretty clear to me, doesn't it? If you supply them the proof the don't live there, and they continue to call and bother you, they must "reasonably believe" that you are lying to them.
After they receive this letter, if they call you again sue them for $1000 in Small claims court, and lets see what information that have to show you were lying.
Trust me, once they get this letter and your phone bill they will leave you alone.
How Will You End Collectors From Getting in touch with You?
The most common questions from shoppers who’re on the acquiring ending of cell phone calls from collection agencies is “How could i have the telephone calls end?” Will probably like describe several choices you may have and focus on the advantages and disadvantages of every.
To prevent collection agencies from calling you, it is possible to:
-Deliver a stop and desist letter
-Funds hobbyist
-Sue the hobbyist for ignoring the law
Sending a Discontinue and Desist Notification
If you can not must pay back your money the gathering agency states you decide to do, then mailing a stop and desist letter works well unless you are dealing with a greedy hobbyist (anything at all lacking artykuly promocyjne Warszawa personal injury lawsuit would not end a greedy debt collector). A stop and desist letter tells your debt hobbyist shed all touching you prior to the Sensible Debt Collection Agency Routines Take action (FDCPA). The hobbyist then could call you one further amount of time in writing, but just isn’t able to phone you on the telephone any more. When you continue to keep acquire telephone calls soon after mailing the letter, then an hobbyist has violated the FDCPA and you have good reason for the personal injury lawsuit.
Usually there are some disadvantages mailing a stop and desist letter, set up collection agency is truthful and legislation abiding. Primary, the gathering agency may well turn around and file suit you. They will also transport your bank account above to an alternative collection agency along with the telephone calls will commence once more. It’s a vicious circle.
Make payment on Financial institution
In case you have the best debts along with the collection agency just isn’t executing almost anything to defy the FDCPA, then purely making payment on the debts is the best solution. There are actually seriously only good things about this option. Primary, you rid yourself of your debt and then there will never be consistent cell phone calls from your hobbyist. There are scenarios of debts trying to gather bad debts that happen to be paid for in such a circumstance for your requirements, pre warn those to end and then file suit if this remains.
...debt collectors calling - News
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