Author Topic: Caller ID: No Phone Number - Out of Area  (Read 3288 times)

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bigeagle

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Caller ID: No Phone Number - Out of Area
« on: August 25, 2010 05:50:31 AM »
I have my phone set up so that the caller ID needs to be displayed with the phone number, yet I'm still getting calls from a CA that is able to 'blank out' the phone number. Is this legal to do this? I thought that one must have their phone number displayed like everyone else who wants to use the phone for business purposes.

bigeagle

arnanda

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Re: Caller ID: No Phone Number - Out of Area
« Reply #1 on: August 25, 2010 07:14:34 AM »
ID information should be displayed not sure if it's illegal *someone else can comment on that*.  You could use FDCPA sec 1692e ("...may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.")...I'm sure others can add more info. 
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silverzgirl

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Re: Caller ID: No Phone Number - Out of Area
« Reply #2 on: August 25, 2010 01:07:45 PM »
The Caller ID is a hazy one at this stage. It is not illegal to block your phone number on Caller ID, at least at this juncture.

It could be construed as false, deceptive or misleading but I would not hang my hat on this alone.

I just use my anonymous call block. They want to block their ID, they don't get through.
“Know your enemy and know yourself and you can fight a hundred battles without disaster.”  - Sun-Tzu

I am not a lawyer, nor do I play one on TV. I once thought I was a lawyer when I was litigating in a courtroom, but turns out I just had Patron induced bed spins and dreamed it all. Take my posts with a grain of salt...and a shot of Patron. But not so much you think you are a lawyer.

altony

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Re: Caller ID: No Phone Number - Out of Area
« Reply #3 on: August 25, 2010 01:50:40 PM »
With technology im sure they spoof their number or hide it, so they can get you to answer, but technically that would be illegal since a CA has to notify who they are and the purpose of their call. Hiding your number that itself not sure if its clear since they can blame on the network or what not. 

silverzgirl

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Re: Caller ID: No Phone Number - Out of Area
« Reply #4 on: August 25, 2010 02:19:38 PM »
Spoofing is still a gray area. They cannot lie once they get you on the phone. Right now, a caller ID can lie.

Yes, there is supposedly legislation out there working toward changing that but don't hang your hat on the caller ID thing.
“Know your enemy and know yourself and you can fight a hundred battles without disaster.”  - Sun-Tzu

I am not a lawyer, nor do I play one on TV. I once thought I was a lawyer when I was litigating in a courtroom, but turns out I just had Patron induced bed spins and dreamed it all. Take my posts with a grain of salt...and a shot of Patron. But not so much you think you are a lawyer.

bigeagle

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Re: Caller ID: No Phone Number - Out of Area
« Reply #5 on: August 25, 2010 02:49:42 PM »
Quote
I just use my anonymous call block. They want to block their ID, they don't get through.

That's the problem, I have that turned on, but they can still get through. How can they call and still get through without reveling a phone number? No one else can.
bigeagle

itsmeagain

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Re: Caller ID: No Phone Number - Out of Area
« Reply #6 on: August 25, 2010 03:28:10 PM »
I'm not stumping for any product or service but I happen to know about this and it is useful and reasonably priced.

They will trap calls and let you know who is really calling.  They can also provide transcripts but it's at an extra cost.

http://www.trapcall.com/?tp=0

bigeagle

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Re: Caller ID: No Phone Number - Out of Area
« Reply #7 on: August 25, 2010 04:02:34 PM »
Does this TrapCall work on Land Lines too? Or is it just for cell phone users?

It is my land line that is being called. My cell is a pay as you go phone and CA's do not have this number, and they will never have it.

bigeagle

silverzgirl

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Re: Caller ID: No Phone Number - Out of Area
« Reply #8 on: August 25, 2010 04:06:42 PM »
From what I understand it works for landlines and most cells. It does not work for many pay as you go phones.
“Know your enemy and know yourself and you can fight a hundred battles without disaster.”  - Sun-Tzu

I am not a lawyer, nor do I play one on TV. I once thought I was a lawyer when I was litigating in a courtroom, but turns out I just had Patron induced bed spins and dreamed it all. Take my posts with a grain of salt...and a shot of Patron. But not so much you think you are a lawyer.

Lecasbas

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Re: Caller ID: No Phone Number - Out of Area
« Reply #9 on: August 25, 2010 05:55:08 PM »
Meaningful disclosure is the issue here.  The collector blocking their number, or listing it as unavailable, is not a violation but the collectors do need to inform the consumer that the call is from a debt collector.  In Knoll v IntellRisk, the court said:

No court has addressed whether § 1692d(6) applies to caller identification devices.  Noting that § 1692d(6) applies when a debt collector places a call, Knoll argues that a debt collector must meaningfully disclose itself on a caller identification device. Defendants refute this argument on several grounds. First, they maintain that Knoll’s position is impracticable because the text available on a caller identification device is insufficient to make a full “meaningful disclosure” under § 1692d(6). This argument is baseless. To meet the “meaningful disclosure” requirement, the caller identification device need only display that the call is from a debt collector.

http://www.jenner.com/files/tbl_s69NewsDocumentOrder/FileUpload500/1541/Knoll%20_v_IntelliRisk_Management_Corporation.pdf

If the collector leaves its name where the consumer can reasonably connect that name with the collector being a collector, then there is meaningful disclosure.  No name, no number is not meaningful disclosure. 

The problem with no name, no number is that the consumer is unlikely to pin that call on a collector without the collector admitting they did make the call via leaving a voice message.  Then, if the collector identifies themselves in that message as a debt collector, there is meaningful disclosure.

Probably the best call to apply a meaningful disclosure violation to would be one with the collector's number, no name, and no message.

As silverzgirl says, don't go into court with this one violation.  Use it with a bunch of others to show willful noncompliance.

bigeagle

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Re: Caller ID: No Phone Number - Out of Area
« Reply #10 on: August 25, 2010 07:14:33 PM »
On my phone plan, I have the ability to 'block' 15 numbers. This means that I don't even have to listen to the phone ring and they are kept from even leaving a message. When a CA uses this no name, no number method, I cannot block their call. I have been getting up 5 calls like this per day. It is so annoying. I know that I can write a C and D letter, but that only encourages them to go for a lawsuit. I just want them to go away. I'm hoping for the SOL to come before they try suing me.

This site is helpful, but I just don't like all of legal mumbo jumbo that comes with going to court against them or they against me.
bigeagle

silverzgirl

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Re: Caller ID: No Phone Number - Out of Area
« Reply #11 on: August 25, 2010 07:35:44 PM »
You should also have anonymous call rejector...this does not allow blocked/anon/private calls through.
“Know your enemy and know yourself and you can fight a hundred battles without disaster.”  - Sun-Tzu

I am not a lawyer, nor do I play one on TV. I once thought I was a lawyer when I was litigating in a courtroom, but turns out I just had Patron induced bed spins and dreamed it all. Take my posts with a grain of salt...and a shot of Patron. But not so much you think you are a lawyer.

itsmeagain

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Re: Caller ID: No Phone Number - Out of Area
« Reply #12 on: August 25, 2010 07:43:58 PM »
This site is helpful, but I just don't like all of legal mumbo jumbo that comes with going to court against them or they against me.

Si vis pacem, para bellum

itsmeagain

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Re: Caller ID: No Phone Number - Out of Area
« Reply #13 on: August 25, 2010 07:44:52 PM »
Translation: If you wish for peace, prepare for war
          (author unknown)

bigeagle

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Re: Caller ID: No Phone Number - Out of Area
« Reply #14 on: August 25, 2010 07:49:11 PM »
You should also have anonymous call rejector...this does not allow blocked/anon/private calls through.

I do have that, and I have it turned on, but the 'out of area' no number calls still come through. I even talked to my phone company and they say there is nothing they can do. It is only 'collectors' who can do this. It is against the law for a telemarketer to do this to people.

I should mention that I have never answered any of these calls to actually find out who is doing this. They have 'left messages' that were not intended to be such. One time, the person at the other end of the line said my name, but then kept still waiting for me to answer, unaware that they were being recorded. The other times I just hear them hanging up. They even call on Sundays at least twice. I did receive a mail from one of them which was a new CA. I sent them a dispute letter, and got my green card back today, but I'm still getting these calls. ACK!
bigeagle