Topic: TCPA/FDCPA claims against CA for a debt that is not mine

[excelsior]

Hello all,
I have a debt collector calling my land line several times a day asking for a woman (let's call her Penny) whom I do not know at all.  I have told the debt collector this for several months now and (thanks to this board) even used the language "all calls are inconvenient."  Calls keep coming.

I keep trying to ask for their address so I can mail them a Cease and Desist letter, but they hang up when they figure they aren't talking to Penny.

I was going to just let this go until they started calling at 10pm.

Under TCPA or FDCPA, I have no existing business relationship with this CA, so what is a consumer to do when a collector harasses the wrong person (despite being told repeatedly)?

Can I still initiate litigation (assuming I get their address) using TCPA and/or FDCPA as a basis?  I know the landline part makes it a little tricky.

Anyone run across this before?

[kevinmanheim]

Do you have the caller ID number?

This could be an overseas collector, which would explain their indifference to the FDCPA.

[excelsior]

Caller ID says "unknown."  I am trying to get the actual number from the phone company.

[shellawella]

Do they state their CA name?

If so, google the company to get an address.

[stu]

TCPA does not apply to CA's for calls to a land line, even wrong numbers (Santini v NCO).

[KFMAN]

TCPA does not apply to CA's for calls to a land line, even wrong numbers (Santini v NCO).

Courts have ruled both ways.  The key issue ATD phone calls, leaving Pre recorded messagesis and harassment.

Stu I see you have 2 posts and both have been neg to consumers, so are you a debt collector?  Also would you please post a link to Santini v NCO as I can't find it on Google Scholar.