Definitely abuse with this including calling other people when they have the alleged debtor's number to begin with. Not removing people from the do not call list when they ask to not call again. Answering machine messages that should have removal information before any message script is left by the collector. Currently it's this message is for ________, if you're not __________ please do not listen. Have a toll free number provided up front where the number is removed from calls without further questions.
If the consumer requests you do not call someone, do not call. This also leads into collector games, such as calling mother/father. brother, sister with sam elast name saying you thought it was their spouse and you were calling about an account...
I remember stories where the C.O. or Sgt Major would call people to the office because they got a call from a business which strongarms the junior troop into paying even if the bill isn't correct/bad quality just to avoid further embarrassment.
another issue is an original business which isn't covered under FDCPA only needs a servicemember's military address (usually their only address), they simple replace the servicemember/customer's name with Commanding Officer on a mailing or use a unit locator and ask for Commanding Officer. Considering some of the businesses located outside of a base that prey on unsophisticated young troops, like a used car lot and it's easy to have more leverage with that troop.
Check your state law, such as Illinois has its own Collection Agency Act. It's a licensed profession and Atty general for the state would be a start for a complaint. http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1355&ChapterID=24
At least in Illinois there is a Caller ID spoofing law. Still get calls every day with false/unintelligible called ID listed and no message left.
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2925&ChapterID=67
If a collector is calling from a different number than the one they are displaying on Called ID, that should be not allowed. Does not allow the consumer to block those calls since the number displayed is not the one actually calling.
Many states have a judgement law where a consumer with over a certain amount of judgements may be terminated from employment. Having a collector call at work just seems to be another way to break down a consumer and put them at a disadvantage. A friend has mentioned to me receiving collection calls at work for one of his employees where the collector identified himself as "Officer" My friend told the collector never to call again and that it's illegal to impersonate law enforcement. Too many other stories that went to court for FDCPA violations of collector harassment at work even when the employer has told the collector not to call there again.
"The message states it is for the consumer by name, and asks that anyone who isn't the consumer (or his/her spouse) either stop listening or delete the message."
Ok, so not the consumer, I don't want to keep deleting the same message. Where's the easy automated number at the very beginning stating if you're not this person and want your number removed from further calls, to please call this toll free removal line?
This is from years back so I don't know if any laws have changed but the FDCPA was already in effect for over a decade. There was no giving or taking away permission to contact your chain of command. If the C.O. is contacted about an enlisted debtor they'll usually have the senior enlisted member for the unit handle it which would be the Sergeant Major for enlisted personnel. The speech the junior troop would hear as he/she are standing at attention is along the lines of I better not see you in here again.
Because this may be an original creditor/local business person and not a debt collector the Fair Debt Collection Practices Act does not apply for the servicemember. Even if it does apply with a debt collector, there are many FDCPA violations where the collector doesn't stop calling when asked. Hopefully the servicemember would contact the base JAG office for legal assistance.
http://www.consumerfinance.gov/askcfpb/1487/i-am-few-months-behind-paying-my-credit-card-debt-debt-collector-called-and-said-if-i-didnt-pay-my-credit-card-debt-full-he-would-have-me-prosecuted-under-uniform-code-military-justice-ucmj-can-he-do.html
http://www.consumerfinance.gov/askcfpb/1493/debt-collector-has-told-me-it-going-have-my-security-clearance-revoked-because-being-delinquent-my-credit-card-bill-can-they-do.html
"But I can see them wanting to make sure they have the right number by verifying with a relative or neighbor. "
Potential for abuse. Here comes your neighbor knocking telling you he's getting calls looking for you. The same with family members makes holiday gatherings fun since it's clear it's a debt collector doing some location acquisition.
"You should just answer and ask them not to call you."
see robocalling, picking up just lets them know this is the prime time to make future calls since you're home at this time. Account keeps changing hands, repeat.
"It takes time for us to update our do not call lists..."
If a collector is calling a cell phone without permission, it's most likely a TCPA violation (google to see many cases- debt collector TCPA, there's a lot of court action on it)
You may want to see an attorney specializing in FDCPA cases and take that collector to court. Federal law might be in your favor with all the validation requests ignored.
Many recommendations are dispute credit report in writing since online is more rushed by the people hired to handle this. No requirement to do it online.
There needs to be some federal protections for the consumer and a clear appeals process. The state run by private company programs seem to see the alleged debtor as already guilty. For example, some consumer groups have suggested that entities may not be including a “clear and conspicuous statement” that the consumer may dispute the validity of the alleged bad check violation.
What kind of financial incentives are there for these companies to meet certain benchmarks that may not be in the consumer's best interest?
It kind of sounds like those arbitration programs for credit card debt where everything was stacked in the favor of the creditor.
CG
1
The Fair Debt Collection Practices Act should cover that attorney as is.
View this comment in the discussion thread
CG
2
IF a bank is trying to pursue something 20 years later, sounds like a statute of limitations violation.
View this comment in the discussion thread
CG
3
Definitely abuse with this including calling other people when they have the alleged debtor's number to begin with. Not removing people from the do not call list when they ask to not call again. Answering machine messages that should have removal information before any message script is left by the collector. Currently it's this message is for ________, if you're not __________ please do not listen. Have a toll free number provided up front where the number is removed from calls without further questions.
View this comment in the discussion thread
CG
4
If the consumer requests you do not call someone, do not call. This also leads into collector games, such as calling mother/father. brother, sister with sam elast name saying you thought it was their spouse and you were calling about an account...
View this comment in the discussion thread
CG
5
I remember stories where the C.O. or Sgt Major would call people to the office because they got a call from a business which strongarms the junior troop into paying even if the bill isn't correct/bad quality just to avoid further embarrassment.
View this comment in the discussion thread
CG
6
another issue is an original business which isn't covered under FDCPA only needs a servicemember's military address (usually their only address), they simple replace the servicemember/customer's name with Commanding Officer on a mailing or use a unit locator and ask for Commanding Officer. Considering some of the businesses located outside of a base that prey on unsophisticated young troops, like a used car lot and it's easy to have more leverage with that troop.
View this comment in the discussion thread
CG
7
Check your state law, such as Illinois has its own Collection Agency Act. It's a licensed profession and Atty general for the state would be a start for a complaint. http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1355&ChapterID=24
View this comment in the discussion thread
CG
8
At least in Illinois there is a Caller ID spoofing law. Still get calls every day with false/unintelligible called ID listed and no message left. http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2925&ChapterID=67
View this comment in the discussion thread
CG
9
If a collector is calling from a different number than the one they are displaying on Called ID, that should be not allowed. Does not allow the consumer to block those calls since the number displayed is not the one actually calling.
View this comment in the discussion thread
CG
10
Many states have a judgement law where a consumer with over a certain amount of judgements may be terminated from employment. Having a collector call at work just seems to be another way to break down a consumer and put them at a disadvantage. A friend has mentioned to me receiving collection calls at work for one of his employees where the collector identified himself as "Officer" My friend told the collector never to call again and that it's illegal to impersonate law enforcement. Too many other stories that went to court for FDCPA violations of collector harassment at work even when the employer has told the collector not to call there again.
View this comment in the discussion thread
CG
11
"The message states it is for the consumer by name, and asks that anyone who isn't the consumer (or his/her spouse) either stop listening or delete the message." Ok, so not the consumer, I don't want to keep deleting the same message. Where's the easy automated number at the very beginning stating if you're not this person and want your number removed from further calls, to please call this toll free removal line?
View this comment in the discussion thread
CG
12This is from years back so I don't know if any laws have changed but the FDCPA was already in effect for over a decade. There was no giving or taking away permission to contact your chain of command. If the C.O. is contacted about an enlisted debtor they'll usually have the senior enlisted member for the unit handle it which would be the Sergeant Major for enlisted personnel. The speech the junior troop would hear as he/she are standing at attention is along the lines of I better not see you in here again. Because this may be an original creditor/local business person and not a debt collector the Fair Debt Collection Practices Act does not apply for the servicemember. Even if it does apply with a debt collector, there are many FDCPA violations where the collector doesn't stop calling when asked. Hopefully the servicemember would contact the base JAG office for legal assistance. http://www.consumerfinance.gov/askcfpb/1487/i-am-few-months-behind-paying-my-credit-card-debt-debt-collector-called-and-said-if-i-didnt-pay-my-credit-card-debt-full-he-would-have-me-prosecuted-under-uniform-code-military-justice-ucmj-can-he-do.html http://www.consumerfinance.gov/askcfpb/1493/debt-collector-has-told-me-it-going-have-my-security-clearance-revoked-because-being-delinquent-my-credit-card-bill-can-they-do.html
View this comment in the discussion thread
CG
13
"But I can see them wanting to make sure they have the right number by verifying with a relative or neighbor. " Potential for abuse. Here comes your neighbor knocking telling you he's getting calls looking for you. The same with family members makes holiday gatherings fun since it's clear it's a debt collector doing some location acquisition.
View this comment in the discussion thread
CG
14
"You should just answer and ask them not to call you." see robocalling, picking up just lets them know this is the prime time to make future calls since you're home at this time. Account keeps changing hands, repeat. "It takes time for us to update our do not call lists..."
View this comment in the discussion thread
CG
15
If a collector is calling a cell phone without permission, it's most likely a TCPA violation (google to see many cases- debt collector TCPA, there's a lot of court action on it)
View this comment in the discussion thread
CG
16
You may want to see an attorney specializing in FDCPA cases and take that collector to court. Federal law might be in your favor with all the validation requests ignored.
View this comment in the discussion thread
CG
17
Possibly research FCRA violations if nothing is getting resolved correctly.
View this comment in the discussion thread
CG
18
Many recommendations are dispute credit report in writing since online is more rushed by the people hired to handle this. No requirement to do it online.
View this comment in the discussion thread
CG
19
There needs to be some federal protections for the consumer and a clear appeals process. The state run by private company programs seem to see the alleged debtor as already guilty. For example, some consumer groups have suggested that entities may not be including a “clear and conspicuous statement” that the consumer may dispute the validity of the alleged bad check violation. What kind of financial incentives are there for these companies to meet certain benchmarks that may not be in the consumer's best interest? It kind of sounds like those arbitration programs for credit card debt where everything was stacked in the favor of the creditor.
View this comment in the discussion thread