Author Topic: TCPA/FDCPA claims against CA for a debt that is not mine  (Read 719 times)

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excelsior

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TCPA/FDCPA claims against CA for a debt that is not mine
« on: December 28, 2011 04:43:29 PM »
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

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Re: TCPA/FDCPA claims against CA for a debt that is not mine
« Reply #1 on: December 28, 2011 05:43:32 PM »
Do you have the caller ID number?

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

excelsior

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Re: TCPA/FDCPA claims against CA for a debt that is not mine
« Reply #2 on: December 28, 2011 05:47:44 PM »
Caller ID says "unknown."  I am trying to get the actual number from the phone company.

shellawella

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Re: TCPA/FDCPA claims against CA for a debt that is not mine
« Reply #3 on: December 30, 2011 12:38:11 PM »
Do they state their CA name?

If so, google the company to get an address.
My comments are NOT legal advice!
shellawella

stu

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Re: TCPA/FDCPA claims against CA for a debt that is not mine
« Reply #4 on: December 30, 2011 04:19:11 PM »
TCPA does not apply to CA's for calls to a land line, even wrong numbers (Santini v NCO).

KFMAN

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Re: TCPA/FDCPA claims against CA for a debt that is not mine
« Reply #5 on: December 30, 2011 05:50:16 PM »
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.
« Last Edit: December 30, 2011 05:57:54 PM by KFMAN »