Posted on 02/05/2010 1:24:12 PM PST by Bob
I recall an earlier post regarding the legalities of collection agency practices but I can't find it.
Background: Last March, I got a new MetroPCS phone and was assigned a number which had previously belonged to someone who's being tracked down by a number of collection agencies. Over the past year, I have received quite a few (probably dozens) calls from various companies regarding this guy's outstanding debts. Each time, I've explained that I'm not him and that I have no idea how they can contact him. It's been annoying but not really a problem since one call each was enough to get them to stop calling me.
Are calls before 7 AM from collection agencies legal? I seem to recall from the earlier thread that there are very strict limits on the times during which collection companies can make their calls and that fines are paid to the consumer receiving such an illegal call.
Would the fact that the call was meant for someone else prevent me from taking any legal action?
Might it be worth pursuing this?
Any feedback from FReepers knowledgeable in collection practices law would be greatly appreciated. Thanks.
Actually it may set them up for more charges. For example, they cannot harass the friends/family/employer of the delinquent consumer.
You are even removed from that pool. They cannot discuss his case with you. They should not be calling you.
Collection calls are illegal before 8am local time. Tell them you are recording the call, and that they are warned that they are in violation of the Fair Debt Collection Practices Act. That should at least stop the illegal calls.
Get the address of the company, and send a certified letter notifying them in writing that you are not the individual they are looking for, and that they should cease contact at your number.
But, debt collectors are just about the lowest form of bottom feeders on this planet. They very well may not stop. Or, they’ll sell the debt, and the next guy will start contacting you again.
SnakeDoc
Acutally, that was me just drunk-dialing. Sorry.
Telemarketers have time restrictions but I don’t think collectors do.
I’d just get another number.
At one point in my career I worked as a debt collector for a business.
Being polite and working with people resulted in nearly 98% of past due amounts being paid up. And I telephoned only betwee the hours of 10am and 4pm.
So, not all debt collectors are ‘bottom feeders’.
Debt Collectors are heavily restricted by the Fair Debt Collection Practices Act. 8am to 9pm local time.
SnakeDoc
Is it a robocall? FTC regulations prohibit robocalls to cellphones where no prior relationship exists.
I have had a cell number for about 6 years now. I still get calls for Hakim. I’m torn between his being a gardener or a drug dealer, the timing of many of the calls indicates the latter. The old lady that calls about every other month makes me think the former. Perhaps he is/was both.
I have a similar experience. I got a new number 4 years ago and have been getting calls every so often for some woman I do not know. Most of the time I don’t answer calls from numbers I don’t recognize, but the robocaller leaves an often truncated voicemail. (Their trick is to have you call back and stay in a queue to wait for an agent to come on thereby wasting your time instead of theirs.) This will go on for a while and then the’ll stop for 6 to 12 months. On 3 or more occasions I actually did talk to a human and told them I am not the person they are looking for. This just got the case sold to another company which eventually sells it back to the original company.
Lately I’ve been keeping track of the calls to present to the FTC and/or the attorney generals of PA and MI (where the ‘agencies’ are).
They try all kinds of stupid gimmicks. i.e. messages like ‘Staying on the line is legal admission that you are the person we are seeking’ or some such rot. (wonder what jurisdiction allows callers to dictate how a person answers their phone)
I don’t trust these sleazy firms enough to give them my real name and address via a certified letter.
There are always exceptions.
... but, commercial debt collectors, generally speaking, are in the business of extorting money out of people by irritating or scaring them to death. Granted, in most cases, the money is actually owed. But, they threaten people to the extent that they will prioritize a credit card bill over food or utilities. They’re typically judged on their collection rate, not their people skills, and they’ll use any tactic they think will get you to pay.
Dave Ramsey tells a story of his wife being on the phone with American Express (who was trying to collect a legitimate debt when Ramsey was broke) and AE asked his wife why she would stay married to a man that doesn’t pay his debts.
That’s the kind of people that generally populate debt collection agencies ... and, while good people do occasionally get jobs as collectors, they’re often driven out of the industry for lack of production.
SnakeDoc
After using this number for almost a year, changing it would be a major pain. Besides, after the first month or so, the number of calls has dropped off significantly. This one was probably the first that I've received in at least a month. The major irritation about it was its early timing.
Get used to it, Bob.
I’ve lived in this house since 1988 and still get mail for some joker who owes money who lived at this address before me.
This phone number is equally old. I still get phone calls for the same joker.
What companies are doing now is to hire Canadian and other foreign companies to make their harrassment calls which circumvents the “no call” law. That gives them carte-blanche to call any time they damned-well please.
No, it was a live person. She stumbled over the guy's last name. Had it been a recorded call, I'm sure that the stumble wouldn't have been there.
Thanks for the link. I'll check that out.
It’s also helpful to look up the purported caller ID number online. A search engine will typically bring up a few websites such as 800notes.com or whocalled.us or a few others. Other people post info about their calls.
If I ever do speak to another agent of these sleazy companies asking for ‘Maria’ I’ll tell them that I go by Mario now and I will thank them for covering the cost of the operation.
From my understanding, it’s from 8am to 9pm, YOUR TIME ZONE.
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