[BayouLou]

What's the rule on a CA calling and soliciting info fm friends and/or fmy?

I thought I remembered they can only call to ask for contact info. Is that right? Wrong?

If they have been given written notice on more than one occasion in addition to verbal notice on the phone re incovenient to recieve calls any place or time so do not call, can they continue to call friends/fmy/neighbors?

Can they identify themselves as "joe gave yr name and number as a reference, can you tell me ...." and proceed to ask employment and finance questions of the friend/fmy?

What happens if the friend/fmy makes up stuff on the spot bec they want to be a good "reference"?

Has the CA violated anything and if yes, can you refer me to the section of the FDCPA that was violated?

TIA.

[jlynn]

Just to make sure I understand you...they have spoken to you directly, yet they continue to call friends/family?

[BayouLou]

Originally Posted by jlynn

Just to make sure I understand you...they have spoken to you directly, yet they continue to call friends/family?

yes, jlynn. I told them on the phone not to call again. i told them in writing not to call. then i told them on the phone not to call again. then i told them in writing that they were continuing to call despite my previous requests that they not call any where at any time. it is inconvenient.

they do not need to talk to anyone to locate me as they have my mailing address and are in contact with me directly already and today my sister tells me they call her cell phone and tell her i have given her as a reference and they are asking all kinds of questions abt work and credit and paying bills etc and won't tell her anything (she keeps asking them what are they selling but they keep saying i gave them her name and number for a reference - hardly!).

she says she hopes she didn't screw up but tried to give a good reference blah blah blah. i am disgusted bec they are calling and they are discussing personal finances with someone other than me and they have already been told in no uncertain terms do not call any where any time.

additionally, the creditor for whom they are collecting has a written notice that neither they nor their agent which includes any CA they contract may call at any time or any place.

so, are they in violation by (a) calling and/or (b) discussing personal finances etc with someone other than me?

thanks!

[jlynn]

They are in violation in multiple areas. Do you have any of this recorded?

[CtrlAltDelete]

Had this problem once and terminated my problem while receiving a $1,000 for my troubles.

Time you mailed CMRRR very strongly worded ITS to the registered agent of CA. Demand your $1,000 and agreement for cease and desist. Give deadline before you file suit - 30 days or less to settle or I file. NOTHING else is part of the agreement - no admission it's your debt, no payment plan, no agreement to talk later nothing.

Use either FDCPA section 1692d(5) or 1692b(3) as your primary complaint. Give some factual account of what has happened (dates and times would be nice touch). Tell them the 3rd party (sister) is willing to testify. Then just list your additional potential causes of action as - 1692d preface, 1692f preface, 1692(f)(5), 1692d(5), 1692d(6), 1692a(1), 1692b(1), 1692b(3). [you might want to read these sections before mailing letter] - but no detail of each in letter - let them do the research and figure each one out, just "only need to win on one to prevail" statement.

After they signed CMRRR I got NO more calls and neither did anyone else - took 5 weeks from mailing to get my check. Did have 2 phone conversations with their General Counsel and a bunch of emails.

[BayouLou]

The call to sister was evening before last. She called yesterday to tell me (ask me) abt it, which is when I became livid. She sd she had been getting "no number" calls incessantly for two weeks at least and had avoided answering them bec she didn't want to waste her minutes on someone she didn't know and the number for everyone she knew always showed. However, she'd just had a dropped call and picked it up without looking thinking it was the same caller when these people came on the line. She presumes they are the same ones calling.

Her cell will record with the time/date stamp and she is angry now because they lied to her and she answered all kinds of questions which now makes her feel bad therefore she is angry for being used. Consequently, has sd she would testify.

I do not have the other calls on recording, I don't think. I got a recorder fm radioshack when they called the second time but unless they've called when I'm away, they haven't called here, which, btw, also isn't my personal phone or home. I do have my notes with times/dates of calls because I jotted it down.

I do have the CMRRR for the several letters saying don't call as follows.

1. CMRRR letter to the creditor (not CA) sd "Neither [creditor] or [CA] or any other collection agency with which you contract regarding this account is to call me or anyone else at any telephone number at any time regarding this account."

2. Subsequent CMRRR stated: "Be reminded that your company has been advised on several occasions that telephone calls seeking to reach me are inconvenient at any time and any place. Federal and state law prohibits you from calling. All calls are recorded. You may contact me via US mail at my return address above."

3. Next time they rec'd via CMRRRe: "Be reminded that your company has been advised on several occasions that telephone calls seeking to reach me are inconvenient at any time and any place. Your firm already has violated federal and state law prohibiting you from calling. All calls are recorded. You may contact me via US mail at my return address above. "

Call to sister was subsequent to these three notices.

As for the several areas in which they are in violation, jlynn, can you elablorate?

I appreciate all the help fm each of you. Where will I find registered agent info. CA is in NY. I will definitely review the sections CtlAltDel cited. Wanting to know if Jlynn or others can cite any additional for me to review. I like the "only need to win on one to prevail" statement inclusion. Nice touch.

I am totally livid, esp bec the initial calls were to the home of a terminally ill senior and I had to tell them more than once to stop calling that number as it was not mine and belonged to sd senior.

I have prepaid cell only and they have not called that cell - don't have the number apparently.

Thanks again. ALL help appreciated.

[hannah]

They may have also violated your state consumer laws. You need to check those as well as file a complaint with your Attorney General's office. It may well be that they are doing this with other debtors in your state. An FTC complaint should also be filed and you can do that HERE.

Wasn't this something that Camco was slapped for??

[BayouLou]

Hannah, you're the reason I'm here at infinitecredit! Thanks for the heads up on this site.

It's been a while but I think our state law says it's an auto violation of state consumer credit laws for the parallel federal laws. What I can't remember is if it referred to just FCRA or FDCPA or both. I do need to chk that.

Last time I did that online FTC complaint thing abt EXP, I got a generic FAQ brochure abt credit reporting and not a d@mn thing to do with my complaint which was failure to provide fcra compliance after several written requests. They are not too sharp over there, imo. But, I'll go thru the motions anyway. Need it on record, I'm sure.

[hannah]

Originally Posted by BayouLou

Hannah, you're the reason I'm here at infinitecredit! Thanks for the heads up on this site.

It's been a while but I think our state law says it's an auto violation of state consumer credit laws for the parallel federal laws. What I can't remember is if it referred to just FCRA or FDCPA or both. I do need to chk that.

Last time I did that online FTC complaint thing abt EXP, I got a generic FAQ brochure abt credit reporting and not a d@mn thing to do with my complaint which was failure to provide fcra compliance after several written requests. They are not too sharp over there, imo. But, I'll go thru the motions anyway. Need it on record, I'm sure.

Welcome Bayou Lou!!

The FTC response is lacking in that until they get "x" number of complaints they do nothing but the squeaky wheel gets the grease so we can only hope that several others also file complaints. Your AG can help I would imagine, if they are violating this egregiously over your alleged debt, I suspect others are getting the same treatment. And do check your state laws. I do so love a good state consumer code!

I wonder how they got your sis's cell?? Did she tell them not to call back? Did you ask her to record any further calls? Can you give her a script that she can follow to allow her to record a nice violation filled convo??!! (Yes, I'm naughty...)

[BayouLou]

Originally Posted by hannah

Welcome Bayou Lou!!

The FTC response is lacking in that until they get "x" number of complaints they do nothing but the squeaky wheel gets the grease so we can only hope that several others also file complaints. Your AG can help I would imagine, if they are violating this egregiously over your alleged debt, I suspect others are getting the same treatment. And do check your state laws. I do so love a good state consumer code!

I wonder how they got your sis's cell?? Did she tell them not to call back? Did you ask her to record any further calls? Can you give her a script that she can follow to allow her to record a nice violation filled convo??!! (Yes, I'm naughty...)

I will see her today and we'll discuss further. She was out of state when they called and is supposed to have gotten in last night or either today. I'm abt to head over to her place. She did not ask them not to call back, she was thinking it was a legitimate call and she was trying to help me out by giving a good reference. Anyway, when we spoke abt it, we went over what she should say if they call again and we'll discuss further today. Not sure she can record on her cell but will have her do that if she can.

Her number was a contact number on the file, is my guess. In any case, they have been advised more than once not to call any where any time. I think 3rd party disclosure out to apply even tho they did not mention the specific debt, they did ask questions abt employment history and "does she pay her bills?" kind of questions and lied by saying I had given her name/number as a "reference" - untrue.

Anyway, gotta run. Lot of things on my list for today. Will check in later.

Thanks to all again. Appreciate any and all comments and suggestions.

[jlynn]

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#804

You really need to read 1692(b) in its entirety. If they knew where to find you, they should never have called your sister. Since they have CMRRR's from you, they do indeed know where to reach you.

IMHO, whether everything else they did was by the book (not revealing you owed a debt), doesn't matter, as the phone call itself was a violation.

[centex]

One of the things that needs to be sorted out is whether it is a CA and/or JDB calling or whether it is the OC. The rules can be different.

Further, if the debt itself was not discussed, then it will become more difficult to link to the calls to others to the obligation in question. If the family members have a good phone presence, they could probably milk the call and determine who was calling and what specifically it was in reference to.

[BayouLou]

Originally Posted by centex

One of the things that needs to be sorted out is whether it is a CA and/or JDB calling or whether it is the OC. The rules can be different.

Further, if the debt itself was not discussed, then it will become more difficult to link to the calls to others to the obligation in question. If the family members have a good phone presence, they could probably milk the call and determine who was calling and what specifically it was in reference to.

It was Pioneer Credit Recovery and they are the CA for the acct, not the OC. They identified themselves as Pioneer Credit and the woman gave her first name only. They sd I had given them sister's name and number as a personal reference and they were calling to ask is she my sister, does she live near me, is she in contact with me, am I working, have I been working steady for the past year, do I pay my bills, do I pay on time, etc ... a string of questions that baffled my sister and infuriated me.

Yes, they have my contact info. They have been corresponding with me via mail and have made the several phone calls post limited C&D speaking to me and then finally at sister's cell number speaking to her. They do not need to speak to anyone to locate me as they have my address.

Last time they asked me on the phone where can they call me if they can't call the number where they reached me that time, I said NO WHERE, you can email if you want, you can write me if you want, you can not call anywhere. They sd they cannot email. I said write to me then, do not call any where at any time.

I have mail fm them at my address, a stack of it. I have the green cards and CM slips where I have written them from the address they have on file for me. I think they do not like it bec it is a post office box. I think they want to cause me grief. I don't really know unless they want to p1ss me off as they have no need to speak to anyone, not even me.

ETA: Now that my sister knows they are a CA, she is more than willing to milk another call if they call again. She has a phone presence that should allow her to do so. She is more than will to testify in court.

[BayouLou]

Again, thanks to all. Every comment is helpful to me. I need all the input so I know the best course to go forward. I will re-read all the relevant sections paying particular attention to those you have cited.

Thanks again.

[hannah]

I promise I will try by the first of the week to see if I can find any caselaw on this. Please PM me your state so I can check state as well.

[BayouLou]

Originally Posted by hannah

I promise I will try by the first of the week to see if I can find any caselaw on this. Please PM me your state so I can check state as well.

Thanks, Hannah! Chk your PMs.

[CtrlAltDelete]

Registered Agents - your state, their state whatever:

http://registeredagentinfo.com/

[BayouLou]