Author Topic: TCPA - creditor calls to my cell phone for someone else  (Read 2748 times)

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JSJD23

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TCPA - creditor calls to my cell phone for someone else
« on: September 17, 2010 11:44:11 PM »
Hi All-

I'm a newbie and just discovered the TCPA.  What a wonderful law.  Here's my situation:

In April, a creditor started calling my cell phone asking for someone that I have never heard of.  I would say they call about 10 times in about 2 weeks time.   I could see each call on my missed call log.  Eventually, I picked up the phone and told them they had the wrong person. 

I have one phone bill that shows 3 calls - but I know they called more than that if you include missed calls. The call log on my phone has been deleted since then. My question is there a way to get complete call history (incoming & missed) from a wireless carrier?   I've called my carrier (Sprint) and they tell me that they only have calls received and placed. 

What can I do?  Anything?

Thanks!

kevinmanheim

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Re: TCPA - creditor calls to my cell phone for someone else
« Reply #1 on: September 18, 2010 02:13:49 PM »
Sue the collector and then subpoena the records from Sprint.
Sprint has them - they just don't hand them over to customers without a subpoena.

Think about it. If you had broken some terrible law, do you think Sprint couldn't give the FBI all your call information, including dialed, missed, received, and also your GPS locations at the time the calls were placed?

metalstorm

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Re: TCPA - creditor calls to my cell phone for someone else
« Reply #2 on: September 18, 2010 08:48:54 PM »
And if you have that statement from Sprint in writing i would sue them also.
When the people fear the government, there is tyranny. When the government fears the people, there is liberty. --Thomas Jefferson

The FEDERAL RESERVE, Stealing the American Dream since 1913

Don't rest, don't stop ,don't quit, and don't give up.Ride them hard and put them away wet!~metalstorm

Don't attack my kingdom and not expect me to hence forth and lay waste to yours~metalstorm

cracrap

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Re: TCPA - creditor calls to my cell phone for someone else
« Reply #3 on: September 19, 2010 05:05:45 PM »
Hi All-

I'm a newbie and just discovered the TCPA.  What a wonderful law.  Here's my situation:

In April, a creditor started calling my cell phone asking for someone that I have never heard of.  I would say they call about 10 times in about 2 weeks time.   I could see each call on my missed call log.  Eventually, I picked up the phone and told them they had the wrong person. 

I have one phone bill that shows 3 calls - but I know they called more than that if you include missed calls. The call log on my phone has been deleted since then. My question is there a way to get complete call history (incoming & missed) from a wireless carrier?   I've called my carrier (Sprint) and they tell me that they only have calls received and placed. 

What can I do?  Anything?

Thanks!
this is actually true with cell providers, they can only provide the calls that are received or are placed by their customers
however, if u knew the number that placed the calls to ur cell phone, u would subpoena their records on the other end

this is why its important to take pictures of your caller id screen, its the only way to have a record of your missed calls
say nope to dope...ugghh to drugs...and God bless Ronald Reagan!!!


Quote from: smurfy

this really is not a spectator sport ... you have to know what your doing ... or you will get in very hot water very quickly

kevinmanheim

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Re: TCPA - creditor calls to my cell phone for someone else
« Reply #4 on: September 19, 2010 06:29:15 PM »
this is actually true with cell providers, they can only provide the calls that are received or are placed by their customers
however, if u knew the number that placed the calls to ur cell phone, u would subpoena their records on the other end

this is why its important to take pictures of your caller id screen, its the only way to have a record of your missed calls
All cell providers keep records of line capture or line seizure events.
An event occurs when someone calls you or you call them.

There is no need for a call to be completed (answered) for an event to occur and be logged.

The log will show the calling or called party number, the route the call took through the network, and the destination number (which may or may not be your own cell number, depending on voicemail or forwarding), capture duration.

Regular customer service will not have access to these logs. These logs are what the cell company issues in response to a court order or subpoena - only their subpoena compliance department will release them.

Here is a list of subpoena compliance contact centers for the various carriers: http://www.tcpalaw.com/free/addr.htm

cracrap

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Re: TCPA - creditor calls to my cell phone for someone else
« Reply #5 on: September 20, 2010 02:13:04 PM »
nope...
subpoena's will not reveal that info..
been there , done that...
say nope to dope...ugghh to drugs...and God bless Ronald Reagan!!!


Quote from: smurfy

this really is not a spectator sport ... you have to know what your doing ... or you will get in very hot water very quickly

kevinmanheim

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Re: TCPA - creditor calls to my cell phone for someone else
« Reply #6 on: September 20, 2010 02:59:55 PM »
nope...
subpoena's will not reveal that info..
been there , done that...
I've done it. It took months to get the records, but I got them. Don't give up on the first 'no'.

If you run across the problem in the future, get the judge to order the cell carrier to provide the records.

How do you think the FBI tracks down someone via their cell phone? They use the same records. 

metalstorm

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Re: TCPA - creditor calls to my cell phone for someone else
« Reply #7 on: September 21, 2010 03:22:32 AM »
I just finished a Jury trial today and cell phone records made up a large part of the case.

The state had the cell records from the carriers  for all parties.

The records had all calls placed and received if the call was unanswered and how many seconds or minutes the call was. Even if it was zero minutes it was listed in the report.

-Metalstorm
When the people fear the government, there is tyranny. When the government fears the people, there is liberty. --Thomas Jefferson

The FEDERAL RESERVE, Stealing the American Dream since 1913

Don't rest, don't stop ,don't quit, and don't give up.Ride them hard and put them away wet!~metalstorm

Don't attack my kingdom and not expect me to hence forth and lay waste to yours~metalstorm

CleaningUp

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Re: TCPA - creditor calls to my cell phone for someone else
« Reply #8 on: September 21, 2010 02:20:57 PM »

...The state had the cell records from the carriers  for all parties....


Curious as to how "the state" got involved in a private TCPA action. Care to explain?


metalstorm

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Re: TCPA - creditor calls to my cell phone for someone else
« Reply #9 on: September 22, 2010 07:38:25 PM »
sure CU it was a murder trial the cell records were evidence in the states prosecution.

-Metalstorm
When the people fear the government, there is tyranny. When the government fears the people, there is liberty. --Thomas Jefferson

The FEDERAL RESERVE, Stealing the American Dream since 1913

Don't rest, don't stop ,don't quit, and don't give up.Ride them hard and put them away wet!~metalstorm

Don't attack my kingdom and not expect me to hence forth and lay waste to yours~metalstorm

gmoney

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Re: TCPA - creditor calls to my cell phone for someone else
« Reply #10 on: September 25, 2010 12:36:03 AM »
This has also happened to me. I've received several calls on a daily basis from a collection agency looking for someone else.  Under what law & statute can they be sued ?

Thanks in advance

Mischievous Smurfy

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Re: TCPA - creditor calls to my cell phone for someone else
« Reply #11 on: September 25, 2010 04:48:43 AM »
have you talked to them?
Ease of Use - Smurfy's Quick Reference


why are we requesting validation instead of disputing???  Why Why Why

JSJD23

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Re: TCPA - creditor calls to my cell phone for someone else
« Reply #12 on: September 25, 2010 05:19:35 AM »
Thanks everyone.  Looks like subpoena is the way to go.  Ah, now just have to learn how to do that. :-)
 

kevinmanheim

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Re: TCPA - creditor calls to my cell phone for someone else
« Reply #13 on: September 25, 2010 02:30:50 PM »
Thanks everyone.  Looks like subpoena is the way to go.  Ah, now just have to learn how to do that. :-)
Call the appropriate # on the link I provided above, and ask the Sprint rep. if they will give you detailed call logs for your own line without a subpoena. They may release them to you with a notarized request signed by you.

If not, you could file suit against the creditor, get the subpoena issued and then immediately dismiss the case. Later, once you have the information, refile.

TomTomTCPA

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Re: TCPA - creditor calls to my cell phone for someone else
« Reply #14 on: September 27, 2010 05:35:50 AM »
A collector or original creditor calling your cell phone but looking for someone completely different (e.g. the previous owner of your  cell #) violates TCPA.  The case on this is Watson v NCO.  Slam dunk violation of TCPA for EVERY call.  Min $500 PER CALL up to max of 3x damages if you prove willful or knowing.  Under TCPA willful does NOT require intent.  So basically if they didn't dial you by accident, then you qualify for 3x damages (but you have to make sure the Judge understands the definition of willfull under TCPA).

http://www.docstoc.com/docs/30295786/Watson-v-NCO-Order-Denying