You guys kill me!!!!
"If you don't stop calling, I'm gonna call the Attorney General, FTC, BBB, FBI, CIA"......whooo man! Will those nasty collection agents be scared now!!!!!
scrapper4point0, as a collection agent you should know this! I could tell half way through your response you were one. Telling someone they can't deal directly with the original credit was the clincher! Yes you can. I've helped people do it all the time. You just hate to see your commission disappear.
To answer this question....just follow the advice I give you.
For starters, please note that any contact with the collection agency must be in writing by certified mail/return receipt. When this goes to court, do you think the agent will admit that you told them on the phone to stop calling? Of course not! They will simply tell the judge you never said that, and now it's your word against his! PUT IT IN WRITING AND PROVE THEY RECEIVED IT! (Note our collection agents neglect to mention this...)
Next, read the info below. This comes from the Fair Debt Collectin Act.
Note that the law does NOT prevent the agent from calling your place of employment. It simply says that if your employer does not allow it, they can not call.
So when you send your letter to the agent, not only must you give them a "cease and desist" to prevent them from calling or contacting you...but you are advised to include a letter from your employer too.
Now, in the event they should call again, try to get any witness or phone log to document it.
Then trot on down to small claims court. You don't need a lawyer, and it doesn't cost a lot of money. File your lawsuit. If you have done everything exactly as I told you, they won't even contest it. Expect a check for $1000 in the mail soon.
You can still call all those other agencies if it will make you feel better, but trust me! They will not help you with this problem.
2006-08-18 05:05:39
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answer #1
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answered by Anonymous
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2016-12-24 05:35:11
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answer #2
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answered by Anonymous
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This only applies to consumer accounts (if this is a business account they're collecting on you're SOL):
First - They CAN contact you at work until you tell them not to, so TELL them to remove that phone number from their system because you cannot take calls at work. Second - get their contact information (Company name, mailing address, phone #, operator's name & ID #). If they give you any resistance, immediately demand to speak to a supervisor - if they refuse - hang up, call them back & demand a supervisor. Let them know that you know your rights under the FDCPA (Fair Debt Collection Practices Act), that you have requested for them to stop calling you at work, that you will submit a request in writing that they conduct all future contact through the mail, AND let them know that you WILL contact the FTC (Federal Trade Commission) to report this violation. You can file that complaint online at:
https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG_CODE=PU01
Debt collection agencies can be fined up to $1,000 per offense. FYI - if they send mail to you that has the company name on it clearly showing it's a collection notice - that's also a violation (if this happens save the envelope). It's also a violation to give out information about your debt to any person other than yourself without your express permission.
Another FYI - most companies won't accept payment arrangements while an account is placed with an outside collection agency as they've already expended all the effort they're going to. You might still be able to pay them directly, but they will not call off the dogs until the balance is paid.
2006-08-17 17:55:31
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answer #3
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answered by Anonymous
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Actually, telling them is good enough. My best friend is a manager for a collection agency and this is what she says: "you need to tell them that according to the FDCPA (Fair Debt Collection Practices Act) you only have to give them one time verbal request not to call you at work anymore and if they still do it, that you are going to report them to the Attorney General's office. And then back it up in writing. And if they still continue to call you at work, consult with an attorney. According to the FDCPA, a 3rd party collection agency cannot contact a consumer at any known time or place where it inconveniences the consumer (in this instance, at work). This also includes before 8am and after 9pm, 7 days a week." Hope this helps!
2006-08-17 17:45:52
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answer #4
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answered by Treesy 3
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According the the Fair Dect Collection Practices Act, calling someone at the workplace can be illegal if you provide an different phone number. I would ask to talk to a collections supervisor whenever the collection agency calls again and explain that your primary contact phone number is not your work phone number and provide your home number or mobile. Check out this file and although quite lengthy, hopefully it will provide some insight.
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.pdf
2006-08-17 17:51:13
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answer #5
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answered by sukey32 2
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Send them a certified return receipt Cease and Desist letter. Let them no any contact must be done in writing, and them continuing to contact you at your job after being told not to, is a violation of the Fair Debt Collections Pratices Act. If they continue to violate the FDCPA you will have no choice but to take action.
Trust me, with that info they will stop, or they can be fined and taken to court.
2006-08-18 03:25:19
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answer #6
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answered by Shadow419 3
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Not only are the phone calls illegal as the others have indicated and you can report them to a lawyer or the States Attorney General both in the state they are calling from in addition to the state you reside in, you can contact the Federal Trade Commission and report them. You can also after you notify them to cease and desist, if they continue, contact the Federal Communications Commission and file a harassment report. It is illegal under Federal law to use communication equipment such as a telephone to harass an individual. You can also request to talk to your supervisor in private and explain the situation to them. They can at times act in your behalf and refuse to let the party talk to you.
Best of luck. Don't let them bother you. The laws are made to protect you. Additionally, contact their client and work out a payment arrangement with them and request they advise the collection agency to cease and desist. They do have the right to contact the collection people and tell them to stop the harassment, as they are in a contract to perform a service for the company.
2006-08-17 18:14:34
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answer #7
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answered by handyman 3
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write down everytime they call and who you spoke with, what was said etc. Everytime they violate the FDCPA and the FCRA you can ring the cash register for a $1000.00 violation which a judge will gladly give you because collection agencies are so unethical. These agencies are so heavily regulated they can't help but violate the rules, if you just give them enough rope they'll hang themselves-----------you may be able to have them commit enough violations to settle your owed debt.
2006-08-17 22:52:32
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answer #8
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answered by Anonymous
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Get the name of the company, they will resist, and address, then send a "Certified Letter" to them declaring a "Cease and Desist" order to them personally. It is illegal to call you at work or at home on a regular basis!!!!! Its called harassment! I had about five of them calling me and then I went on the Internet and typed: Consumers rights against bill collectors and received this information. It does stop the calls. If it does not you have the right to obtain an attorney and sue for this issue.
2006-08-17 17:42:15
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answer #9
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answered by soniaatcalifornia 5
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That's illegal so here's what you do....you write them a letter and tell them you have received ___ messages/calls from them at work (and they left messages or talked to your boss, or whatever, state the date and the time). Tell them this is their notice to halt their illegal activities or you will sue them.
Then make a copy of that letter and send the original to that company, by certified mail return receipt request on the back.
Either they stop or you sue them.
2006-08-17 17:39:59
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answer #10
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answered by sophieb 7
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