Harassing Phone Calls from "Folk Receivable Management"
Complaint
Dennis O'Conner
Country: United States
I have been harassed by this collection agency "Folk Receivable Management". They have been calling me for a month and when I try to return the calls and explain I am not the person they are looking for, they hung up on me.
It's disrespectful and plain wrong. I would like to know how to stop them from calling.
It's disrespectful and plain wrong. I would like to know how to stop them from calling.
Comments
Go to the FTC's website https://www.ftccomplaintassistant.gov/ and file a complaint against this collector and her employer for violation of Section 807 of the FDCPA:
§ 807. False or misleading representations [15 USC 1962e]
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.
(2) The false representation of --
(A) the character, amount, or legal status of any debt; or
(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.
(3) The false representation or implication that any individual is an attorney or that any communication is from an attorney.
(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
(6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to --
(A) lose any claim or defense to payment of the debt; or
(B) become subject to any practice prohibited by this title.
(7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.
(8) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.
(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.
(10) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.
(11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
(12) The false representation or implication that accounts have been turned over to innocent purchasers for value.
(13) The false representation or implication that documents are legal process.
(14) The use of any business, company, or organization name other than the true name of the debt collector's business, company, or organization.
(15) The false representation or implication that documents are not legal process forms or do not require action by the consumer.
(16) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 603(f) of this Act.
http://www.creditinfocenter.com/legal/FDCPA.shtml#807
http://www.ripoffreport.com/reports/0/271/RipOff0271158.htm
http://www.ripoffreport.com/reports/0/235/RipOff0235945.htm
Because this is a brand new phone number for me and I keep getting calls for the 'lady' who had this number before me I called them back. I was told that they were looking for some guy - then they changed the name two more times saying they were wrong about the other names... WTF Sure I really believe anything a collection agency says. The person was very nice however time will tell if really stop calling.
It's got to be their MO to call so early and hang up just to piss people off.