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We've had our phone number for 11 months. About 5 months ago started getting collection agency calls for someone we don't know. I've told the collection agency dozens of times that they have the wrong number and they promise to take us off their list. (Yeah right!) I finally had to file a complaint with the FTC, because they are calling at least 5 times a day and we don't even bother to answer our phone any more. My husband called the collection agency and told them what was going on and (AGAIN) asked them to stop harassing us. The person he talked to admitted that our phone number had been taken off the list multiple times, but was put back on. According to them, the debtor calls them every couple weeks to update his phone number and keeps giving them our number, so they keep putting it back on the list. There's a good chance the agency is lying, but if it is true, can we press charges or file a suit against the guy who is falsely using our number and causing continual harassment?

2007-11-06 06:00:59 · 3 answers · asked by Trying to do the right thing 4 in Politics & Government Law & Ethics

I know how to stop the collection agency, but I want to know what I can do to stop this guy who is still falsely using our phone number. In the past couple weeks, a few more collection agencies have also started calling for both him and his wife, so it's pretty obvious they are continuing to use our phone number to avoid paying their bills. Can I file a police report? It seems like it would be illegal to use someone else's phone number especially when it will cause so much trouble. When you sign up for contracts, bills, etc., you sign a paper confirming that all the information is correct, but obviously, this guy is giving false contact information (ours!)

2007-11-06 06:33:27 · update #1

3 answers

You need to find out the name of the company and send them something in writing, certified mail with a return receipt so they have to sign for it. Advise them of what's going on and simply advise them that a) you are not the legal debtor AND b) even IF you were once advised in writing not to call they can't call...also advise them that IF they call your residence again you will file a formal complaint with the FCC, your State Attorney General's Office, the better business bureau and your states consumer affairs office. Save this proof where they signed and file it away. If they call in the future be sure to document the time, the person you speak with and such then contact those agencies mentioned above for assistance in filing a formal complaint.

2007-11-06 06:12:41 · answer #1 · answered by Anonymous · 0 1

Can you sue him (the debtor)? - Sure. Will it be worth the expense? - Unlikely. You can WRITE the collection agency and send the notice via registered mail, return receipt. Keep the letter very business like. I would state:
1. You are the owner of the phone number: XXX-XXX-XXXX
2. You disclaim any debt the company is attempting to collect.
3. That you as the owner of the above listed number order the collection company to cease all phone calls to your phone number and restrict any account on which it appears to mail contact only.
4. Remind them that failure to comply with your written notice is a violation of the fair credit reporting act and that you will seek legal remedies if the harassment continues.

You can sue them if the call back. They have much deeper pockets.

2007-11-06 06:10:24 · answer #2 · answered by davidmi711 7 · 2 1

Contact a local attorney and have them send a demand for validation of the debt.

They won't be able to validate it and then each and every time they contact you, it is a separate violation of the FDCPA which is a $1,000 fine.

And guess who gets that money????

2007-11-06 06:09:13 · answer #3 · answered by hexeliebe 6 · 3 0

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