Call Me At Work

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• 0

  tj

  13 Oct 2011

  Probably AFNI, as they act as outsourced customer service for Verizon, as well as buying old Verizon debt to collect for their own account.
  
  They have a history of consumer complaints of attempting to collect on unowed Verizon bills, with reports of harassment, deception, and credit damage.  
  
  The pattern of complaints indicates they are probably buying old Verizon accounts, sending dunning letters to anyone they can find with a similar name, and then using deception and stonewalling to coerce payment even when they have the wrong person.
  
  One of the deceptions they are known for is to claim some unrecognized "account" must be "id theft", so they can lead you to jump through a bunch of "id theft" and police report hoops if you don't want to pay a debt you don't owe.  They have been caught pulling this con with their poorly "skip-traced" debtor billing process, even becoming the #2 company associated with FTC "id theft" complaints in a 2007 study.  Verizon, whose old "accounts" they were collecting on, was #1.  No other debt collector was even close.
  
  They were sued several years ago in a 3 state class action lawsuit for sending deceptive letters in response to dispute and validation requests.  The federal judge found their letter, written by their compliance manager, to be deceptive, in violation of FDCPA.
  
  In addition, they have had repeated run-ins with the Minnesota Attorney General, over attempting to collect unowed debts from Minnesota residents while failing to validate, first being sued over old Verizon accounts, and a year later investigated again over Quest accounts.  About all they could say was they didn't know how this was happening, but they had a great relationship with the Minnesota Attorney General.
  
  Debt collectors are required to send you a letter within 5 days of first contact notifying you of the alleged debt, and of your right to dispute and request validation from the original creditor.  Failure to send that letter is a violation of FDCPA.
  
  Debt collectors are prohibited from calling consumers at their place of employement if they have reason to believe the alleged debtor cannot receive those calls there.  If you have told them to cease calling you at work, and they continue to call, they are again in violation of FDCPA.  
  
  There are a number of debt collectors, including AFNI, using deceptive and illegal tactics to collect on suspect Verizon accounts.  They depend on consumers not knowing their rights to get away with harassment, and even fraud when they get unowed payments through deception.  If you are dealing with suspect Verizon debt, and with a shady debt collector crossing the line to extort unowed payments, box them in legally, and sue when they violate.  
  
  Send them a letter disputing the alleged debt, and demanding proof you owe it.  Include in your validation request that you "cannot receive their calls at work", and that it is "inconvenient to receive their calls at any time".
  
  If you send that letter within 30 days of receiving their first FDCPA required "g" letter, they are prohibited from any additional collection activity until they obtain proof from the original creditor and send it to you.  If they continue collection without sending validation (proof), they are in violation of FDCPA, and you can sue them.  If they call you again at work, or through any other number, they are in violation of FDCPA and you can sue them.
  
  Be aware that AFNI is known for sending deceptive responses to validation requests.  Some, like the letters in the above federal class action lawsuit, attempt to deflect and evade validation requests, claiming they can't "investigate" unless the consumer sends some information on what to investigate.  FDCPA requires no such information to be sent by the consumer, and how could you send anything anyway, on a debt you know nothing about?  That is one thing the judge found deceptive.
  
  AFNI also may send some letter of their own, just summarizing the same "original creditor" and "amount" information as other communications, with nothing proving they ever checked anything with the original creditor, and no information to even determine the identity of the actual debtor, not even the service address or date.  These also are deceptive, and probably fraudulent, as they present themselves as validation responses (sent in response to your FDCPA validation request) while witholding normal account information that might allow the consumer to disprove the debt.  Basically, lying by omission.
  
  You can sue on violations of FDCPA, in your federal, state, or small claims court, without regard to whether the debt is even valid.  
  
  In addition, FDCPA allows courts to award attorney fees if you win, so you may find attorneys who take such cases on contingency.  You might try www.naca.net

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• 0

  tj

  14 Oct 2011

  Be sure to send your letter certified return receipt requested, so you have proof you sent it timely, and of the date they received it.
  
  Letters don't make anyone comply with the law.  They just help establish that they are in violation should you need to sue.  There is really not much reason to send a letter that fails to accomplish this purpose.  Likewise, there is little reason to communicate with a debt collector by phone, as you will not resolve any problem, and you will do little to establish legal liability for noncompliance.
  
  Don't waste your time.  Make every action you take either resolve the matter or move it toward resolution in court if that becomes your only option.

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• 0

  Dee

  26 Oct 2011

  How do I deal with verizon? I had sprint for 20 years and suddenly my cell phone stopped working in my house? I went to radio shack and he told me sprint had discontinued the 900 mhz service and it was a verizon tower on the property behind mine that was causing the interference. I stopped at a dr cell phone booth in the mall on the way out of radio shack and asked them about trying a phone at my house overnight to see if it would work. He said if I returned it and cancelled the contract within 3 days there would be no charge.  I asked to see the contract he said I had to pick a phone etc so he could put all the info into the computer to print up the contract that was the only way to see one. I paid him $50 for a cheap phone he entered the info and printed up the contract. It included an activation fee and a restocking fee so I said no thanks. He said I already switched your number to verizon!  I said switch it back, he said you will lose your number, I told him I don't care give me my money back. He said I owed $85 for him activating the phone. I informed him I was calling the police. He then called his manager and his manager made really nice they wrote that the activation fee and restocking fee would be waived if I returned the phone and canceled within 3 days, he said try the phone if it does not work, no charge.   I returned the phone the next day and he gave me my $50 back. I ported my phone number elsewhere. I received a bill for over $280. I called to explain the contract. The CRS said I would turn it over to collections and ruin my credit, I asked her name and employee number and she hung up on me. I then sent a letter to verizon with the copy of the contract showing no activation fee or restocking fee or early termination fee. They sent a response eliminating the ETF and saying they always charge a restocking and activation fee pay up. I sent another letter with the contract showing those were not to be charged, they responded that my contract was not with them it was with dr cell phone. I requested a copy of the contract they had with me. They sent it to collections and credit reporting agencies. Discover sent me notice they were reducing my credit line from $15,000 to $500 due to a collection on my record and my insurance non- renewed my commercial policy and my liability ins. I contacted transunion and found discover and my ins had looked at my credit.  I have filed suit against verizon in small claims court and the hearing is set for monday 10/31/11.  I have my contract and cell phone bill from the new place where I was connected two days later. I filed for a violation of the FCBA on revolving credit accounts. Then again for filing with CRA without saying it was disputed or completing a reasonable investigation of the dispute.

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