Scam Collection Calls
Complaint
MCH
Country: United States
I again received a call from this number/company in my cell phone. They call 1-2x every week. so irritating.
I had long straightened out my credit card debts in 2002. Suddenly, since 2008, I started getting calls from this company. I do not know how they got my cell ph number. I read almost all the complaints ahainst this company and now am convinced they they are scammers.
Should we all band together and file a class action suit? Or, report this company to the authorities in ur respective cities/states?
I had long straightened out my credit card debts in 2002. Suddenly, since 2008, I started getting calls from this company. I do not know how they got my cell ph number. I read almost all the complaints ahainst this company and now am convinced they they are scammers.
Should we all band together and file a class action suit? Or, report this company to the authorities in ur respective cities/states?
Comments
"Former employee", if you had stated ANYTHING you put in your post to an alleged debtor, you would have violated the law. Even telling someone "you have all the proof you need" or "how else could we call you?", implies they have no legal right to obtain validation, and is a deceptive misrepresentation of the law, violating FDCPA.
You can sue debt collectors who violate FDCPA. You can also sue not only the company, but the individual employee. If more employees were sued, maybe the reckless criminality of your industry would stop. You can find a consumer attorney in your state through www.naca.net
You know it was paid, so they shouldn't be collecting on this at all, yet they are. Their talk-offs are aimed at evading providing verification, which would likely make clear you don't owe it. That suggests they may already know that. Their goal, visible in other complaints, appears to be to pressure people into paying some small amount, to use as an excuse to reset SOL so they can sue. The last thing they want you to have is proof you don't owe it.
You requested something in writing. FDCPA requires debt collectors to send a letter within 5 days of first contact notifying you of the alleged debt, and of your right to dispute and request verification. If you disputed in writing, they wouldn't have to reply, but they would also have to cease collection until they obtained and sent verification in reply. Not exactly the same as "we don't have to", so their talk-of was a half-truth, aimed at deceiving you and evading your validation rights under FDCPA.
Since after their first contact, they were required to send you an initial contact letter (a "g" letter), their next call was also deceptive, covering their [***] against the letter they hadn't sent by claiming they had.
Their third statement is the only honest one. To assert your rights to validation under FDCPA you must send your request in writing. You would be wise to do so mailed certified, so you have proof of sending and their receipt should you decide to sue. Of course, since "conveniently", they haven't sent you a letter that would give you their address, you'll have to look up their corporate address.
Note that a consumer failing to send a dispute does NOT make an alleged debt "owed", it's owed or not based on the facts, which only a court can decide, and your lack of knowledge to assert your rights, with their attempts to deceive you in that direction, has no bearing on whether the debt is owed or not. No statements by debt collectors make anything "owed".
Stop playing with them. It just tells them you might be fooled into paying even if it's not owed. They know this game better than you do. They didn't send a "g" letter, but send your dispute letter certified anyway. Say you dispute the alleged debt, and demand proof it's owed be obtained from the original creditor and sent to you.
In the mean time, log their calls.
If you have any further problems, contact an attorney, as you can see from their talk-offs what they're up to. A case review and a little legal advice could keep you out of trouble and leave you better prepared should you have to sue.You can find a consumer attorney in your state through www.naca.net Many take FDCPA cases on contingency, as FDCPA and FCRA allow courts to award both damages and attorney fees if you win.
If you are debt-free and you know it for a fact, you can spend a lot less money on phone blocker hardware. Shop around and ALWAYS read the reviews before you buy.
The hard way that maybe a permanent solution:
You have to send a Cease and Desist Letter. It establishes a contract which demands they stop harassing you.
Example Forms (Templates):
*You can download free and insert the appropriate names.
http://thompsonhall.com/cease-desist-letter-template-example-sample-forms/
Harassment Example 1 Template:
http://thompsonhall.com/cease-desist-harassme ... emplate-letter/
Harassment Cease and Desist Template:
http://thompsonhall1.wpengine.netdna-cdn.com/ ... -and-desist.doc
Example, Sample Cease and Desist Letter Template to Collection Agency Regarding Disputed Debt:
Template Download:
http://thompsonhall1.wpengine.netdna-cdn.com/ ... -and-desist.doc
Or copy this letter obtained from the above link:
[Your name]
[Your address]
[Creditor’s name]
[Creditor’s address]
[Date]
RE: Collection attempts on a debt I do not owe.
Dear [Name of collector]:
On [date of phone call(s)], you or someone from your company contacted me about a debt. I do not believe that I owe this, and I dispute it.
In accordance with the Fair Debt Collection Practices Act formally known as and codified under 15 USCA §§ 1692(a-p), I am asking for, and you are required to provide me with the following information:
a) Why do I owe the money?
b) How this amount has been calculated in a way I can understand.
c) Copies of the papers where I agreed to pay what you say I owe.
d) (if applicable) a copy of the judgment.
e) The name of the original creditor.
f) Demonstrate that you are licensed in my state, and provide this license number to me.
Additionally, please provide this letter to the company for whom you are collecting so that they have notice of my dispute.
Please inform any credit reporting agencies to which you have reported this debt to, that this debt is currently in dispute. I will require proof that you have done this.
You are also required to cease and desist from contacting me in this and any related matters unless it is by United States Mail, and only for the purpose of informing me that you are terminating all efforts to collect or that you are taking specific court of legal action.
Sincerely,
[Your signature]_________
[Your printed (typed) name]
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You don’t need an attorney to try to stop them or resolve this harassment to your satisfaction:
While you are going to the trouble, file a complaint with the BBB:
http://www.bbb.org/norfolk/business-reviews/d ... olk-va-51000164
Also file one with the FTC:
https://www.ftc.gov/faq/consumer-protection/submit-consumer-complaint-ftc
And put your number in the Do Not Call Registry:
https://www.donotcall.gov/
https://www.ftc.gov/faq/consumer-protection/l ... t-call-registry
Surprisingly, the complaint that I filed with the Better Business Bureau www.bbb.org not only shut them down, but also generated an apology from them.
A BBB complaint is of no use if you really owe the debt, but will definitely help if you being treated unfairly.