calls at work
Complaint
Ami
Country: United States
There is one girl who keeps calling me at work named suzette. I have asked many times for them to call me at work. I do provide two cell phone numbers that they are allowed to call. And the only times I don't answer them is when I am at work. Even though I have told them many times that I can not have phone calls at work, and my Boss does not appreciate me having those phone calls at work, they still keep calling. My boss says that if I keep getting phone calls at work, I can and will be fired. Now, if I get fired, then I can't pay my bill. I have asked countless times for them to stop calling, and yet they keep doing it, what can I do?
Comments
This would still apply if they are a debt collector hired by the original creditor, even using the name of the original creditor.
If Progressive Financial is the original creditor, then FDCPA does not apply, however in some states, state debt collection laws may still apply to original creditors. For example, in California, the Rosenthal Act prohibits various abusive debt collection actions whether done by a debt collector or the original creditor.
It is not even clear from your complaint whether you are late. If they are harassing you with "reminder" calls, before your payments are even due, you might want to position yourself to take appropriate action should their harassment on a non-late debt payment result in loss of your job.
Regardless, first step is always to put them on notice, since you might not have a leg to stand on as long as they can claim they didn't know, despite the fact that you have repeatedly told them on the phone not to call.
Send them written notice, certified return receipt requested, to notify them to cease calling you at work (give numbers they should not call to, and hours they should not call during). The post office will confirm delivery through return of the green card, or via their website with your tracking number.
Then contact your state Attorney General to find what state agency is responsible for regulation of lenders doing business in your state. See if your state has state law similar to California, putting some teeth into the actions you can take if they fail to cease calling.
Contact that agency to file a complaint for willful telephone harassment at work in violation of your request and your company's employee policies.
Then also submit a BBB complaint to force through your complaint to a different management channel, since it is in your interest to force the issue. Include in your BBB complaint that you have filed a complaint with <xyz state agency>.
If you do lose your job, you should contact an attorney with experience in debt collection law to review your options, but you want your ducks in a row first. In addition, if they are a debt collector hired by the lender (ask them) contact an attorney on the next violating phone call following confirming receipt of your letter.
It is not in your interest to let this drag out, as it may result in loss of your job, financial damage, default on this debt, etc. Force the issue, and document that you have done so.
They are subject to FDCPA and state collection laws, and can be sued for violations of them. In addition, file complaints with FTC and your state Attorney General.
http://www.progressivefinancial.com/home_flash.htm
Been in the telecom industry, I can tell you spoofing is illegal, you can always use other resources to follow thru. You may want to contact The US attorney general, the FCC as well as the FTC. Also if this is interstate you can actually contact the FBI.
Based on the law, they cannot contact you at your place of business. They are only legally able to contact you at your home; you can also send a stop and desist letter via certified mail.
Record their conversation, when you speak to them if you do, many of them have no clue of the law and make drastic mistake threatening people. They can't make any statements in which they can destroy your credit, call your family, call your work and or tell everybody that you have debts and you do not pay, this is protected by the law. IN this case now you have the upper hand, as now they open the door for a lawsuit, almost any attorney will take this type of cases on contingency. Is an infringement of your rights and punish by law. This people use scare tactics to scare people and even collect many times the same debts that have been paid previously.
The reality nothing that they can do, if you do not or can't pay, they must take you to court and get a judgment against you, then they need to be able to collect.
You want to get even, call then day in and day out, to their numbers use redial, and have anybody that you know do the same, do it day in and day out, that will shut down their PBX system, if they do it to you do it to them.
Yes annoying, but effective if hundreds of people do the same and saturate their phone lines.
Remember their 800 are free to you, they pay for it, call put them on hold and have your friend do the same, do this every day as much as you can. IF they have the right to harass you, you have the right to do the same to them. They called you first! Block your number if that makes you feel more comfortable. You are not subject to the same laws , do not talk to them, that is what they want, if you call back and talk to them they are verifying that you are acknowledging the debt regardless of the purpose of the call as they will not believe you are not the right person.
Here are some of the biggest scan bags in the industry, and believe me they are all scan bags at the end. They count on you to be afraid of them.
RGS Financial
http://www.rgsfinancial.com/
P.O. Box 852039
Richardson, TX 75085-2039
RGS Financial, Inc.
1700 Jay-Ell Drive
Suite 200
Richardson, TX 75081
Call their 800 numbers is free to you but not to them.
They use many spoof numbers if any, as many times they use no caller ID on purpose but they leave you a number to call. Always keep the recording particularly if they are menacing and report does to your police local department as now you have a legal record.
Spoof Number used: 1310-953-3485
Viking Collection Service, Inc.
Minnesota
7500 Office Ridge Circle, Suite 100
Eden Prairie, MN 55344Arizona
2075 West Pinnacle Peak Road, Suite 110
Phoenix, Arizona 85027 Spoof number use caller id Block. One of their numbers is 1800-287-5802
Primary Financial Services also uses Collection agency services to mask there illegal practices (http://www.collectionagencyservices.net/)
http://www.primaryfinancial.com/ (Their web site is been down for long time to be able to cover their illegal practices)
3115 N 3rd Ave Ste 112
Phoenix, AZ 85013
(602) 279-1000
1800-661-0086
If you want to negotiate a settlement call your original lender directly, do not negotiate with this scan bags, they are on commissions or percentages based. Many banks and lender will negotiate up to 80 % of the debts, make sure they do not report it to the IRS if not they can make you pay the taxes on the remaining amount, and make sure they clean your credit, get it in writing first.
Don't get mad get even.
People which do block the caller ID and or use Spoof numbers always have something to hide, that is the only reason they will use a Spoof number (Fake number / Voip Number / Or PBX number whit no actual connection only rings and then dies) Report them to the Authorities, this business practices are illegal and punish by law: if they use spoof numbers, Obscene and rude language, threats, harassment, all this are felonies and punish by law. Report them to your Local Telecom provider, your local District attorney, the local police department, your local senator, record the conversation and keep any and all voice mail left, don't be afraid, they can do absolutely nothing to you till they take you to court if you owe them any money, is futile to argue with ignorant people.
THIS IS AMERICA,
5 YEARS IN COLLECTION INDUSTRY.
This is a short message & I am sending to you because it appears you have sued them?
Regards
Robert Paisola
CE0
www.MyCollector.com
www.WesternCapitalVIP.com
NEVER EVER EVER EVER PAY A COLLECTION COMPANY A DIME/ SUE THEM / RECORD EVERYTHING
My wife and I agreed to pay them an exorbitant amount of money to get her student loan debt caught up (I had lost my job, then her, and we got behind) on the premise that we would be able to take the tax deduction for the huge payments that we were making and really could not afford; we both felt bad that she'd gone so far into the hole and we wanted to make it right.
On no fewer than 4 separate occasions (including our initial contact,) they assured us that we would be able to do this.
Today, their rep changes the story, and tells my wife "well you can't take a deduction when you are in default."
I'm telling you right now, if I'd known they were lying to us, I'd have agreed to absolutely nothing with them, whether or not we got sued. Not being able to take that deduction has pretty much sunk us in the tax-bill department; we aren't rich and don't get to pay a 15% rate.
My advice to anyone dealing with these jerks would be to see a lawyer first, and get anything they promise you in writing. It may sound expensive to you now, but believe me... it'll be much WORSE for you later if you don't.
So Who Can You Sue and What Can You Sue For?
Who Why
Precedent/Law
Fine
Creditors if they report your credit history inaccurately
Defamation, financial injury
US Court of Appeals, Ninth Circuit, No. 00-15946, Nelson vs. Chase Manhattan
Extent of damages incurred by the wronged party as deemed by the courts
Creditors, if you dispute a debt, and they fail to report it as disputed to the credit bureaus
Protection under the FCRA
FCRA
Section 623.
$1,000
Creditors if they pull your credit file without permissible purpose
Injury to your credit report and credit score
FCRA Section 604 (A)(3)
$1,000
Credit bureaus if they refuse to correct information after being provided proof
Defamation, willful injury
FCRA Section 623
CUSHMAN, v. TRANS UNION CORPORATION US Court of Appeals for the Third Circuit Court Case 115 F.3d 220
June 9, 1997, Filed (D.C. No. 95-cv-01743).
Extent of damages incurred by the wronged party, as deemed by the courts
Credit bureaus if they reinsert a removed item from your credit report without notifying you in writing within 5 business days.
Consumer protection afforded by the FCRA
FCRA Part (A)(5)(B)(ii)
$1,000
Credit bureaus if they fail to respond to your written disputes within 30 days (a 15 day extension may be granted if they receive information from the creditor within the first 30 days)
Consumer protection afforded by the FCRA
FCRA Section 611 Part (A)(1)
$1,000
Collection Agency can NOT be BOTH
purchaser and 'assignee'
it's one or the other
Protection under the FDCPA
Gearing v. Check Brokerage Corp
233 F.3d 469 (7th Cir. 2000)
$1000
Misrepresentations by the collector about
themselves or the debt
are actionable regardless
of intent
Protection under the FDCPA
Gearing v. Check Brokerage Corp
Cacace v. Lucas, 775 F. Supp. 502, 505 (D. Conn. 1990)
$1000
Creditors or collection agencies, and credit bureaus if they try and “Re-age” your account by updating the date of last activity on your credit report in the hopes of keeping negative information on your account longer
Consumer protection afforded by the FCRA
FCRA Section 605
(c) Running of the reporting period
$1,000
If you dispute a debt, the collection agency fails to report it disputed to the credit bureaus
Protection under the FDCPA
FDCPA
Section 807(8)
$1,000
Collection agencies if they do not validate your debt yet continue to pursue collection activity (file for judgments, call or write you)
Consumer protection afforded by the FDCPA
FDCPA
Section 809 (b),
FTC opinion letter Cass from LeFevre
$1,000
Collection agencies if you have sent them a cease and desist letter and they still call you
Consumer protection afforded by the FDCPA
FDCPA
Section 805 (c)
$1,000
Collection agencies if they have not validated your debt and they still continue to report to the credit bureaus
Consumer protection afforded by the FDCPA
FDCPA Section 809 (b),
FTC opinion letter Cass from LeFevre
$1,000
Collection agencies if they: - Cash a post-dated check before the date on the check
- Cost you money by making you accept collect calls or COD mail
- Take or threaten to take any personal property without a judgment
Consumer protection afforded by the FDCPA
FDCPA 808 Section
$1,000
If a collector calls you after 9 PM at night or before 8 AM
Consumer protection afforded by the FDCPA
FDCPA Section 805. (a)(1)
$1,000
Calls you at your place of employment if the debt collector knows or has reason to know that your employer prohibits the consumer from receiving such communication.
Consumer protection afforded by the FDCPA
FDCPA Section 805. (a)(3)
$1,000
Calls any third part about your debt like friends, neighbors, relatives, etc. However they can contact your attorney, a consumer reporting agency, the creditor, the attorney of the creditor, or the attorney of the debt collector.
Consumer protection afforded by the FDCPA
FDCPA Section 805. (b)
$1,000
The collection agency can not use any kind of harassment or abuse**
Consumer protection afforded by the FDCPA
FDCPA Section 806
$1,000
Collector cannot claim to garnish your wages, seize property or have you arrested ***
Consumer protection afforded by the FDCPA
FDCPA Section 807
$1,000
Collector must you in a county in which you lived when you signed the original contract for the debt or where you live at the time when they file the lawsuit
Consumer protection afforded by the FDCPA
FDCPA Section 811 (a) (2)
$1,000
Also a good grounds for getting a judgment vacated
** (1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. (2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. (3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting (4) The advertisement for sale of any debt to coerce payment of the debt. (5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. (6) Placement of telephone calls without meaningful disclosure of the caller's identity.
***If the collection agency get a judgment against you, then they will be able to garnish your wages and seize property, but until that time, no.
"§ 813. Civil liability ...
(d) Jurisdiction
An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.
..."