Author Topic: Original Creditor calling for someone else.  (Read 2666 times)

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startbyservingothers

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Original Creditor calling for someone else.
« on: March 02, 2010 01:01:05 AM »
If an original creditor is calling you asking for the wrong person how does the TCPA apply?

(I've asked them not to call, and now also sent them a C&D - indicating that it is a cell phone)

I'm guessing they will claim that they are exempt since they aren't a debt collector.

Can I say the law applies to them because they are regularly engaged in collecting debts?  what part of the law are they breaking?

Just want to make sure I understand what rules they are breaking if I need to collect payment.

(Some more info here:  http://debtorboards.com/index.php/topic,9348.0.html  -  I don't think that was my best choice of place to post my thread)


I've also read http://debtorboards.com/index.php/topic,3998.0.html about TCPA violations, but still dont see how these calls qualify since they are from an OC.
« Last Edit: March 02, 2010 01:06:57 AM by startbyservingothers »

FEWSWEG

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Re: Original Creditor calling for someone else.
« Reply #1 on: March 02, 2010 02:58:38 AM »
Are they calling using an automated dialer? When you answer the phone does it take a while for someone to get on the line?

Are they calling using a prerecorded message?

Are they giving you the name of the company that they work for or are you asking for it? As well as their address and telephone number.

You can always say they are harassing you by repeatedly calling after told numerous times by both phone and mail to stop.
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Mischievous Smurfy

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Re: Original Creditor calling for someone else.
« Reply #2 on: March 02, 2010 06:45:19 AM »
You seem to be a little confused start ...

the TCPA prohibits calls with a commercial purpose using an autodialer OR automated message unless there is a preexistig busiess relationship ... it further forbids AD or AM calls to a cell phone without the receipients express permission.

Whether or not the caller is a debt collector or not is not relevant to your situation. 

You have done exactly what i would have done and would have suggested.  You argably have violations prior to your letter, you absoltely have violations for any calls after the letter.

So ... now your at the point where you decide which of the following to do ...

send and ITS and make them pay you for your tolerance of their

sue them pro se (should be preceeded by the above)

or find an attorney.


Not sure I advise the ITS if your intent is to find an attorney...   but thats a matter of opinion.
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why are we requesting validation instead of disputing???  Why Why Why

startbyservingothers

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Re: Original Creditor calling for someone else.
« Reply #3 on: March 02, 2010 03:14:19 PM »
Sorry I forgot to mention the autodialer part.  When I say hello there is usually a two second pause.  Then the person often answers in a way that I think makes it evident they aren't certain what I've already said.  (I have also been recording all my calls.).  It is difficult, but they do often correnctly identify themselves if I press.  (They first try to say they are "Suzan Green", etc,  but then identify the company when I press further.

Okay I will ask for the statatory $500 for the calls I have received after I have identified I am not the correct party / its a cell phone number, and they continue to call.  And I will ask $1500 for each willfull I receive after they have received my C&D.

Thanks for the answers you've given.  I have read quite a bit on here. Alot of the discussion has been foused on creditors calling the correct person.

FEWSWEG

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Re: Original Creditor calling for someone else.
« Reply #4 on: March 02, 2010 03:25:38 PM »
You should always ask for everything that you have a remote chance of getting. Ask for $500 for every call and say that every call was willful and should be $1500. You should also check your local state laws to see if there is anything else you can add. What state are you in?

There was a good sample TCPA complaint that I posted in the sample complaints section.
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Mischievous Smurfy

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Re: Original Creditor calling for someone else.
« Reply #5 on: March 03, 2010 03:37:41 AM »
i really butchered that last post ... LOL

i will use spellcheck...

i will use spellcheck...
i will use spellcheck...
i will use spellcheck...
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why are we requesting validation instead of disputing???  Why Why Why

wealth_Destructor

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Re: Original Creditor calling for someone else.
« Reply #6 on: March 20, 2010 12:30:39 AM »
Similar situation here.  Got a new (to me) cell phone number about 6 months or so ago.

Get 4 or 5 calls from various collectors nearly every day for somebody who is not me. I tell the collectors (not machines) that I am not that person and to stop calling but they keep calling. It's usually the same people as I recognize the voices.

It's not worth it to sue for 1 call but if I can get 50 or so it will be a nice payday.  Can I just start recording all these violations and bring a suit for a boatload of violations?

How should I word a C&D letter?  Do I even need a C&D letter if I can rack up a bunch of TCPA violations?

CleaningUp

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Re: Original Creditor calling for someone else.
« Reply #7 on: March 20, 2010 02:37:31 AM »
Wealth Destructor, which is more important to you, money in the bank or not having to answer the cell phone all the time?

Next time they call, I'd answer the phone and ask them for their company name and address, then tell them that they no do not have your permission to call YOUR cell phone.

The next time they call, I'd answer and say to them that I was recording the conversation. I'd have my recorder running. I'd tell them that permission to call had been previously revoked and ask them why they are still calling the number.

I'd then write a nice polite, but unequivocal letter to them telling them the substance of the two calls and directing them to cease calling the number.  Sending it CMRRR.

I'd repeat the second step every time they call again.

You need documentation of your withdrawal of permission and a few willful violations to go along with it before you can sue. Methodically and quietly go about collecting it.


wealth_Destructor

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Re: Original Creditor calling for someone else.
« Reply #8 on: March 20, 2010 08:13:15 PM »
Wealth Destructor, which is more important to you, money in the bank or not having to answer the cell phone all the time?
I'd prefer them to keep calling if I can rack up the violations :)

Would your advice be different knowing this?

CleaningUp

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Re: Original Creditor calling for someone else.
« Reply #9 on: March 20, 2010 09:09:00 PM »
You need documentation to succeed.

I've suggested how I would go about getting it.

Point still remains, you need documentation to succeed. 

Get it any way you legally and comfortably can or you'll find that your case goes nowhere.




wealth_Destructor

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Re: Original Creditor calling for someone else.
« Reply #10 on: March 24, 2010 12:02:12 AM »
Awesome advice, thank you!

 

credit