Harassing Phone Calls
Complaint
tiedofcalls
Country: United States
I work for a california county child support office and I have been receiving phone calls from this collection agency and previous ones for approximately 4 years. This is over a phone bill that is for someone I do not know and gave my office number as their contact number. I have explained several times and I guess they think I am lying. I am not the person they are trying to reach and am very upset as I have perfect credit and do not deserve the harassing phone calls. I have requested that they stop yet they do not. The number they leave to call back is 1-866-221-3230.
Comments
Follow these steps -
When they call and ask to speak to the person they are attempting to reach, BEFORE you give them ANY information,. get THEIR INFORMATION FIRST -
Get their name, phone # and name of the agency.
Let them know that they have the wrong number and that you are requesting that they STOP calling you- and that you are not familiar with the person they are calling for -
If they do not provide a name or a 'real name' or a 'real call back phone number) no worries- Take the name and phone number they do give and notate it - Armed with the agency name, you then have the power to search them online and get THEIR phone number and address. (This is why it is SO IMPORTANT) to get this when they FIRST call)
What's more important here is the date and time that they are calling and harrassing and to show a continuous 'pattern' of harrassment from the agency in the event that a lawsut is filed - You will want to have records of that -
so, yes...deal with it ONLY UNTIL you have sufficient records to document the harassment, then you can proceed with appropriate action through filing complaints with govenmental agencies and the attorney general's office and the court system.
If you call back to the company, there is a strong possibility that they will answer the phone with a 'real name' because you are calling back to them, so calling back in is the better way to get 'real names' from the people you are speaking with.
Don't be forced to change your phone number because these folks refuse to follow the LAW!
Fight back...and WIN!
Documentation is key.
I contacted the State Attorney Office for my district; they inform me they do not handle such cases. They will only move on cases referred to them by official law enforcement. They then gave me a list of phone numbers for the Better Business Bureau, consumer Services: 800-940-1315 and 800-435-7352. This phone number reached a recording saying complaints had to be mailed in writing and to check their website at bbb.org. Not very helpful.
It appears that you must first write this company (Allied Interstate), after documenting all times, dates, and circumstances. Then you might have to hire a private attorney which will cost considerably.
As unfair as it is, changing your phone number is easier--and cheaper. there is very little recourse without driving yourself nuts with this kind of thing.
Similar state laws also apply.
Although FTC and state Attorneys General can enforce FDCPA, Congress also provided for consumers and their attorneys to enforce the law directly, by filing private lawsuits, in either state or federal courts. You can sue for violations of FDCPA in you local state or small claims court, or in your local federal court, and even though the debt collector is in another state, your local court will have jurisdiction over the case. You are not dependent on whether your state AG is responsive to your problem.
To establish a violation of FDCPA for harassing calls, log all their calls, and with each call tell them to stop calling you, including in your log that you told them. In addition, send them a letter, certified, notifying them that they are calling you supposedly to reach a person not available at your number, and that you are demanding that they cease calling your phone number. Include that you have repeatedly told them to stop calling you, and list the dates of their calls, indicating when you told them to stop.
If they keep calling after receiving your letter, file complaints with FTC and your state AG, including in your complaint a copy of your letter. Then find an attorney and sue.
With Allied Interstate, you want to be sure to document violations and file a complaint with FTC. Allied Interstate is subject to a consent agreement with FTC based on a settlement a couple years ago over harassing phone calls and attempts to collect debts from the wrong people without validation. If they are violating that agreement, continuing to make harassing calls after you demand that they stop, you want FTC to be aware of it. They are required to document all their complaints, and make them available for auditiing, so if they just ignore your demand, that would itself indicate they are violating their FTC agreement. Their last settlement cost them $1.7 Million, so they don't have much room to ignore fixing their "problems".
FDCPA allows you to sue, and allows courts to award actual and statutory damages, and your attorney fees if you win, so there are attorneys who take these cases on contingency. They should have a very strong incentive to settle quietly. You might try www.naca.net to find a consumer attorney in your state.
While FTC will not resolve an individual complaint, your report will factor into decisions to investigate or prosecute an offending company.
The process takes only a few minutes and it can be done online at https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?lang=en
While FTC will not resolve an individual complaint, your report will factor into decisions to investigate or prosecute an offending company.
The process takes only a few minutes and it can be done online at https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?lang=en