Endless calls, will not verify account balance
Complaint
J
Country: United States
I've been getting endless calls to my cell phone from a company called Omni Credit Services. It should be noted that they never identify themselves as this company, but a reverse directory of the 800 number on the caller ID brings up this company's listing on the web. The reason why I'm writing is because this company will not verify the account that they are apparently calling me for and I'm concerned about providing them any more personal info before they do more to convince me they're a legit company. When they call my cell, a woman leaves a recorded voicemail message giving their phone number and stating that this "is an attempt to collect a debt", but they don't identify whose account they are calling for. I have picked up the call directly on numerous occasions, which is promptly disconnected the second I say "hello". When I call the number on the caller ID back, I get another recorded message asking me to hold, which is never picked up by a live person.
My concern is two-fold:
1) I'm not convinced they're calling "me", but rather, only calling my cellphone they obtained through some type of skip-tracing, a number which is relatively new (I got the number late last year upon moving to another state). I'm not wasting anymore of my cell minutes calling them and waiting on hold listening to a machine. What's more, I've never used this particular cellphone number in any of my accounts and it's not a revolving account cellphone plan - it's a pay-go cell that I use for emergencies when I'm not home and never give out to anyone but close friends and family. It isn't listed.
2) I'm not entirely sure how to even exercise my rights to get them to stop calling me and/or to verify the account they are attempting to collect without also taking the risk giving them personal information they can use to assign some receivable to me. Since they don't actually verify who they are and they won't actually pick up the phone when they call, I'm not sure how to write a letter to them telling them to stop. Do I just write a letter to this company's address in Tampa, FL demanding them to stop calling the phone number? Bear in mind, I'm only guessing this even is Omni Credit Services by a phone number internet search - they do not identify themselves. It seems to me that any letter I write wouldn't be very effective because I believe they've erroneously attached this debt to my pay-go phone number in the first place and aren't particularly interested in following the FDCPA anyway.
What should I do? Incidentally, this company (like so many other debt collectors, sadly) has an A rating by the BBB.
My concern is two-fold:
1) I'm not convinced they're calling "me", but rather, only calling my cellphone they obtained through some type of skip-tracing, a number which is relatively new (I got the number late last year upon moving to another state). I'm not wasting anymore of my cell minutes calling them and waiting on hold listening to a machine. What's more, I've never used this particular cellphone number in any of my accounts and it's not a revolving account cellphone plan - it's a pay-go cell that I use for emergencies when I'm not home and never give out to anyone but close friends and family. It isn't listed.
2) I'm not entirely sure how to even exercise my rights to get them to stop calling me and/or to verify the account they are attempting to collect without also taking the risk giving them personal information they can use to assign some receivable to me. Since they don't actually verify who they are and they won't actually pick up the phone when they call, I'm not sure how to write a letter to them telling them to stop. Do I just write a letter to this company's address in Tampa, FL demanding them to stop calling the phone number? Bear in mind, I'm only guessing this even is Omni Credit Services by a phone number internet search - they do not identify themselves. It seems to me that any letter I write wouldn't be very effective because I believe they've erroneously attached this debt to my pay-go phone number in the first place and aren't particularly interested in following the FDCPA anyway.
What should I do? Incidentally, this company (like so many other debt collectors, sadly) has an A rating by the BBB.
Comments
Regardless, debt collectors are very poor at comlying with the law, and often repeatedly harass the people they call even when they are calling "in error".
Florida debt collectors are required to be licensed by the state of Florida.
Many states have similar requirements, that may even apply to out of state debt collectors.
If you are receiving harassing calls, file a complaint with your state AG, and also the Florida AG, reporting that they are repeatedly calling despite your request that they cease, refuse to dientify themselves or why they are calling, and that they have not sent any letter identifying any alleged debt, violating FDCPA.
They might ignore you, but they will probably not ignore an AG, particularly in the state they are licensed in. Most likely they will reply back with some BS, bot probably stop calling you, which is what you want.
FDCPA prohibits harassing calls, and requires debt collectors to identify themselves when asked, and provide a way to contact them. If that doesn't work, get an attorney and sue, for violations of FDCPA. You can sue in your local state or federal court, even when they are in another state, and courts can award actual and statutory damages, plus attorney fees, if you win, so there are attorneys who take these cases on contingency. You might try www.naca.net to find a consumer attorney in your state.
They contacted you, so they have 5 days to send you an FDCPA "g" letter, notifying you of the alleged debt, and of your right to dispute it.
Calling back 4 times in a row indicates they are willing to harass by phone rather engage in compliant debt collection allowing for disputes and validation. Abuse and harassment is a tactic aimed at attempting to evade validation, which implies there is something wrong with the legitimacy of the "debt". Either they are just guessing who owes it, or it might be tainted by fraud.
You are picking up indicators consistent with fraudulent debt collection.
Consumer Protection
en Español
How to Protect Yourself: Debt Collections
Source: The Florida Attorney General's Office
A "debt collector" is someone who regularly tries to collect debts owed to others. A debt collector may contact you if you are behind in your payments to a creditor on a personal, family or household debt, or if an error has been made in your account.
A debt collector may contact you in person, or by mail, email, telephone, telegram or fax. However, a collector may not communicate with you or your family with such frequency as can reasonably considered harassing. A debt collector may not contact you at work if the collector knows your employer does not approve, nor may a collector contact you at unreasonable times or places, such as before 8 a.m. or after 9 p.m., unless you agree.
A debt collector is required to send you a written notice within five days after you are first contacted, telling you the amount of money you owe. The notice must also specify the name of the creditor to whom you owe the money and what action you should take if you believe you do not owe the money.
You may stop a collector from contacting you by writing a letter to the agency telling them to stop. Once the agency receives your letter, they may not contact you again except to say there will be no further contact, or to notify you if the debt collector or the creditor intends to take some specific action.
If you do not believe you owe the debt, you may write to the collection agency within 30 days after you are first contacted, saying you don't owe the money. The agency may not contact you after that unless you are sent proof of the debt, such as a copy of the bill.
A debt collector may not harass or abuse anyone. For instance, a collector may not use threats of violence against the person, property or reputation; use obscene or profane language; advertise the debt; or repeatedly or continuously make telephone calls with the intent to harass or abuse the person at the called number. In addition, debt collectors are required to accurately disclose their identities to the person at the called number.
A debt collector may not use false statements, such as falsely implying that they are attorneys, that you have committed a crime, or that they operate or work for a credit bureau or misrepresenting the amount of your debt, the involvement of an attorney in collecting a debt, or indicating that papers sent to you are legal forms when they are not. Debt collectors may not tell you that you will be arrested if you do not pay; that they will seize, garnish, attach, or sell your property or wages unless the collection agency or creditor intends to do so and has a legal right to do so; or that a lawsuit will be filed against you, when they have no legal right to file or do not intend to file such a suit.
Complaints about collection agencies may be filed either with Office of Financial Regulation at http://www.flofr.com/Consumer/Forms/CCAComplaint.pdf or with the Federal Trade Commission, Correspondence Branch, Washington, D.C. 20580. You also may file a lawsuit against the collection agency for violating state and/or federal law. If you prevail, you may be awarded your actual damages, as well as attorneys’ fees and costs.
To remind people of their rights – and debt collectors of their obligations – the FTC is featuring a new video available at www.ftc.gov/MoneyMatters, in the section called "Dealing with Debt". The video is also available in Spanish at www.ftc.gov/asuntosdedinero.
In addition, please feel free to read, download, copy, and distribute the FTC's consumer alert available at http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt086.shtm and the FTC's Debt Collection FAQs: A Guide for Consumers available at http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm. These and other publications on debt collection and managing debt