This company consistently call me at work, and have advised me that if they do not hear from me in 24 hours they are contacting my payroll department. Can they do this?
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tj
TRS us a debt collector as defined by federal law (FDCPA).
FDCPA prohibits them from making any threats they cannot, and do not, intend to carry out, including threats of illegal actions. It also prohibits using deception to collect debts.
If they continue to call you at work, when you have told them not to, they are in violation of FDCPA.
They are deceptively implying that they can just garnish your wages on their word to your payroll department. That is false, as a garnishment order first requires a court judgement. FDCPA violation.
Since they have already contacted you, they had 5 days to send you a letter notifying you of the alleged debt, and of your right to dispute it. Sounds like you have not received any such letter. FDCPA violation.
Since they threatened to "contact your payroll department" if you don't, what, call them? if they do not carry out that threat, they are again violating FDCPA.
If they do contact your payroll department, and disclose this alleged debt to a third party without your prior permission, they are again violating FDCPA.
You make no mention of knowing what this alleged debt is for. TRS typically guarantees and collects on bounced checks for retail businesses. They also have an attrocioous record of "locating" and then demanding payment from the wrong persons, while failing to comply with FDCPA and generally ignoring validation requests. Since they are associated with Telecheck, which is like a credit reporting agency for checking accounts, they seem to assume they don't have to comply.
File complaints with FTC and your state Attorney General.
Contact a consumer attorney. It is more likely they will respond to an attorney, or a summons, than that you will quickly resolve this yourself given what you are already seeing. You might try www.naca.net to find one in your state.
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jr
Thank you, this is very good information.
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medic236
Also, they threaten you with criminal action and they can't. This is a civil matter not criminal no matter what they tell you. The fair trade commision and atty gen office in any state will tell you that.
Comments
FDCPA prohibits them from making any threats they cannot, and do not, intend to carry out, including threats of illegal actions. It also prohibits using deception to collect debts.
If they continue to call you at work, when you have told them not to, they are in violation of FDCPA.
They are deceptively implying that they can just garnish your wages on their word to your payroll department. That is false, as a garnishment order first requires a court judgement. FDCPA violation.
Since they have already contacted you, they had 5 days to send you a letter notifying you of the alleged debt, and of your right to dispute it. Sounds like you have not received any such letter. FDCPA violation.
Since they threatened to "contact your payroll department" if you don't, what, call them? if they do not carry out that threat, they are again violating FDCPA.
If they do contact your payroll department, and disclose this alleged debt to a third party without your prior permission, they are again violating FDCPA.
You make no mention of knowing what this alleged debt is for. TRS typically guarantees and collects on bounced checks for retail businesses. They also have an attrocioous record of "locating" and then demanding payment from the wrong persons, while failing to comply with FDCPA and generally ignoring validation requests. Since they are associated with Telecheck, which is like a credit reporting agency for checking accounts, they seem to assume they don't have to comply.
File complaints with FTC and your state Attorney General.
Contact a consumer attorney. It is more likely they will respond to an attorney, or a summons, than that you will quickly resolve this yourself given what you are already seeing. You might try www.naca.net to find one in your state.