Question of debt collection practices.....help!?

Question

I have a question regarding a collection company that has been calling me. I have told them a couple times not to call me at work or on my wifes cell phone number and they continue to do so. Is there any recourse I can take or anything I can do to make sure they don't call these numbers. I've givin them a number to reach me on which they do not call me on. PLEASE HELP!

Answer 1

I agree with all of the posters that recommended telling the company by mail and sending the request certified mail return receipt.

Collection agencies are not legally bound to cease calling unless the request has been made in writing.

DO NOT send a full cease and desist, especially if you are still within the collecting SOL. A full cease and desist will only give the collection agency two options - sell or sue.
Also, if a full cease and desist is sent, the collection agency is legally allowed to call "one" more time, but not to collect. Only to inform you of their plans for the account - sell, sue, etc.

Send them a limited cease and desist, something along the lines of the following

I am requesting, in writing, that no telephone contact be made by your offices to my home or place of business as it is inconvenient to me.
All future communications with me must be done in writing and sent to the address noted in this letter by USPS.

(Be sure to use the word inconvenient as that is an FTC opinion)
If they call again after receiving your letter, after the date they sign the green card, and you have caller ID, take pictures of the number on the caller ID. If you have them on voice message, save the tape - create a trail.
File suit if they continue to call and you have the proof.

Answer 2

Write them and ask them to "cease and desist". They have no legal right to continue to call you at work whatsoever...that is against the Fair Credit Collections Act. And since you are also being 'billed' for incoming calls on your wife's cell and have asked them not to call that number, yet have provided them another number - that other number is the only one they should use.

http://www.landlord2landlord.com/FairCreditCollectionsAct.aspx

You may be interested to know that you can ask them to cease and desist ALL phone calls [as long as they have your current address].

In your letter to them cite the provisions of the 'Act' and tell them you will have your attorney charge them with failure to comply with the law.

You can also repeat all that via phone next time they call. When they know YOU know your rights, they will stop and if they don't then contact a lawyer.

Answer 3

You need to document their practices. So call the police and phone company, file a form that you're being harassed.
You also need to send a registered letter to the collection company, telling them to stop.
After that, if they continue, you can sue them for damages.
Certain states will give you more rights, but I believe these are federal. Check with consumer advocacy offices.

Answer 4

i have self assurance if the corporation acts as they ought to particularly than making use of the bully strategies maximum of them do including belittling the man, making threats they can't follow by with and calling relatives individuals and their artwork position then there is not any problem with it. i replaced into hounded by ability of a credit series corporation for a debt I had paid off to a distinct series corporation. apparently, my case replaced into offered to a distinct corporation at the same time as the unique corporation close it doorways yet they did not grant information I had paid it off. once i began getting calls back, I defined I had paid it and the guy on the phone replaced right into a belligerent a-hollow. It took me some days to song down my monetary corporation fact exhibiting the fee, then I had to pay the monetary corporation to get a replica of my cleared examine to practice to this all robust d-head collector it replaced into paid. after I faxed over the information, the calls ended. Did I ever get an apology for his idiotic habit? for sure no longer. i'm particular they were off to torment others.

Answer 5

Send them a written notice (return receipt requested, so you can prove they got it) stating what your contact numbers are and what numbers they cannot call you at. They MUST honor this request. If they do not, you can report them to the State's Attorney General, the Better Business Bureau, and the FDIC.

Oh, and make sure you pay your bills.

Answer 6

OK, here is what will solve this problem:

You need to send a CERTIFIED letter to the collection agency and original creditor stating that they are to "cease and dissest" any further communication through the telephone.

Make sure you send it certified, or they'll deny ever having received it.

Answer 7

I would say talk to the better business bureau and find out if these companies have a record of harrassment. The BBB can also advise you about specific strategies to take? And find out how they got any cell phone numbers. If you gave it to them, they can use it freely. But if they sniffed it out to call you away from home...I think you can sue them. Cell phones are not meant for these kinds of calls...they can disrupt your driving for one and many use cell phones as a part of their work for another. That's why there is no phone book for cellphones, and why it is illegal to use them for telemarketing.

As far as the calls are concerned, make sure you tell the receptionist or whatever that you MUST take these calls. When they come, excuse yourself to the closest place where you can deal with the call privately. Then as soon as you pick up the phone, identify yourself and say hello and immediately ask to speak to that person's supervisor. Do not do business with the person who called you. When the new person answers, ask them to identify themselves and their position, and write it down, as well as THEIR phone number. Tell them that they have called a business phone number, that this is not appropriate, and that you expect to hear from them at home from now on, and give them a number to call instead. You can also tell them that they have interrupted your work, and that if they expect to see payment, you need to keep your job. THEN tell them...that you are expecting the work number to be removed from their database, and that you will not hear from them again at your work phone...and that you are forwarding all this to your lawyer for investigation. You can be friendly but you also need to be firm. Do NOT be abusive to the other person. The mistake is likely due to a database problem.

If this doesn't work, you need to start a documentation journal of the harrassment. Each time they call write down, when, what number, who you spoke to, what you said, and that you reminded them how to reach you appropriately. Make sure you keep your cool, be nice to each person...but also be firm in your expectations.

Most of these people are telemarketers, truthfully. They are just doing their job but their systems are all automated, so you are making a stink when you actually ask them to transfer your call or stop what they are doing and give you a supervisor to talk to. This is why sometimes when you get too insistent, they hang up on you. Still you are their customer, and they owe it to you to solve this problem. If they hang up on you, document that as well.

I know how this stuff goes...I have been in debt and so was my mother, she had a credit card bill, and also got a lot of telemarketing calls. I still get calls at home asking for my mom, who died in December and has been out of the house since last August when she went in the hospital. When I tell them she is deceased, they don't even bother to tell me that they are sorry for my loss, or for disturbing me, in fact, I don't even think they believe me. I think they select the NOT HOME option so they can call me again...and they aren't doing anything wrong. Because indeed my mother was not home when they called. (steaming now!) I have explained this stuff over and over. When I finally started asking for supervisors and told them they were going to be reported, they stopped calling.

Answer 8

a formal written notice to the company calling stating that in the fair debt act you can tell them not to call. Once you have this written notice sent to them document it if they call you again, if they continue take them to small claims court for harrasment and sue them for the amount of the debt they are calling you about.

Answer 9

You need to write the collection company a "no contact letter".

Cite the Fair Debt Collections Practices Act.

Here is a really good website
http://www.bankruptcyresources.com/fdcpa.htm#q4
- good luck

Answer 10

Contact the debtor and advise them they are in violation of the Fair debit colletion act and any further contact at work will result in your filing a complaint.

Not so sure about the cell phone though.