Please help me?? I moved in August of 07 and got a new phone number. Apparently, the person who had the number before me did not pay their bills. I keep getting calls for them, over a year and a half later, for all sorts of collection agencies! The most annoying is American Home Mortgage! In checking my caller ID, I see that they have called over 30 times in the last week! Yesterday, they logged at least 11 calls in ONE DAY! I have never had business with this company, I don't even know anyone who has had business with them! When I answer the phone, half the time there is silence, and then a hang up. I got a hold of someone there yesterday afternoon and told them I don't have business with them, they need to stop calling. He said they would remove my number. Not a half hour later, a woman from there calls me and I said, Why are you calling, I have asked my number be removed from your list? And she kept telling me I owed them money! I said no, I never had an account with them in the first place! And she said yes you owe us money, you owe us money! I said, look, I have already filed a complaint with the FTC regarding your harassmnent of me for something that doesn't even have anything to do with me! If I hear from you again, I will be calling the police! And she finally hung up on me. I was up late last night until 2am and next thing I know, I'm being woken up at 8am this morning from these idiots! They will NOT stop calling me!! What can I do? I've never had an account with these people and I tell them that, and they don't believe me? I happen to have excellent credit, my FICO is 809 because I pay all of my debtors on time as agreed. These people are getting on my last nerve and I can't take it anymore! I don't want to have to change my phone number! Is there anything else I can do?? Someone please help me?? Do I need to call the police? What do I do?
First start by calling your phone company,and get their number blocked,I would talk to the police,unless they are causing harm to you there's not much they can do.Do they ask for you?If they do then it's a different ball game.You can dispute it with them.You can pursue a legal action.If they have a local i would pay them a visit and talk to them in a civil manner,don't show your anger until you have to then be civil.Or send them a foad letter!
They don't ask for me, they ask for the people who had the phone number before me. And when I tell them that's not who has the phone number any longer, they don't believe me! They think I'm lying! What am I supposed to do with that? I've called the phone company and they said there was nothing they could do? They said that I should file a charge with my local police department? I don't understand why I should have to hire an attorney if this has nothing to do with me except that I have the former phone number of an idiot who doesn't pay their bills? Can someone please give me some ideas of how to deal with this??
I might try calling them and politely asking them for a fax number and a mailing address. I might then write a polite letter outlining that I am the current owner of the telephone number and that I have never had a account with them, ever. I would conclude with a cease-and-desist statement telling them to not call the number. I would then fax the letter to the number given and send a CMRRR letter to them at their address. I will have documented bases on which to pursue them if future action was necessary.
you could change your phone number. But, the only reason to hire a lawyer would be to: a) write a "go away and leave me alone" letter b) take them to court (if your state has some sort of telephone harassment law, which a lawyer could tell you about). If they were calling me under these circumstances, I would: a) get their name, address and (if they'll give it to you) the account. b) write them a letter that explains: -- you are not the person they are looking for, and that they are so advised -- future calls about this matter will be considered harassment and reported to the police c) send the letter CMRRR to have proof of mailing and receipt (keep a copy for yourself) d) keep a log of any future calls to use as evidence in any civil or criminal action It sucks that you have to do all of this, but that's the way it goes sometimes. Your other alternative is to listen to them call you day and night. Good luck!
I might even send them a copy of the phone bill, which would clearly show the number and your name. Block out all the other information, including account number.
Copy of the phone bill would well be in order, but I make sure to leave in name, address and telephone number highlighted on the redacted copy.
Most states define harassment as repeated communication without any useful purpose, and/or repeated communication with intent to annoy. Since you have no business relationship with them, and since you've repeatedly told them to stop calling, it's time to get law enforcement involved. Contact your local police department. Ask to speak to an officer regarding filing a harassment complaint. Tell the officer you keep getting collection calls from this company trying to reach the prior owner of the phone number. Tell them that you have told the company who you are and that you now own the number, but they keep calling. Ask if there's anything they can do to help you out. Generally, to prove criminal wrongdoing, you have to show intent. "Intent of what" is a question best answered by the police or an attorney. But I would recommend going the police route first, for three reasons: 1) It's free. Or rather, your tax dollars have already paid for their service. 2) The company may be a bit more responsive to a phone call / fax from your local police department telling them to stop. 3) It may be a criminal matter. Your police department can clarify whether it's criminal or civil. An attorney can possibly go after them for civil damages, but that's likely to be a much more expensive and time-consuming route. If you don't feel like going to the police, and don't have the money to pay for a lawyer, try sending a calm letter by certified mail w/ signature card required. I Googled their address, and if this is the same company (double-check this yourself), this is the letter I would send if I were in your shoes. Edit as you see fit.
Try this on for size. Whenever they call announce immediately that the phone call will be recorded---then do it. If they talk or keep calling--you keep announcing and recording. If they are so stupid as to blatently violate FDCPA rules then you should be nice enough to sue them and get $500 or more per violation--plus costs.
I think the OP is more interested in getting the calls to stop. If this has them worked up this much, I doubt going into federal court is going to be much better.
Unfortunately, I don't think they would have standing to sue under the FDCPA. Some telecommunications act, perhaps, but not the FDCPA. In fact, if it's the OC, the FDCPA wouldn't apply even if they had the right person at the number. Fortunately telephone harassment penalties are much stiffer than FDCPA violations (i.e. they can be criminal offenses).
Thanks everyone for your thoughts. I will be sure to incorporate many of these suggestions, starting with the letter! And I will be visiting the police station on Monday.
If you could get them under the FDCPA, the statutory fine is up to $1,000 per action, not $500 per violation. Costs may or may not be awarded. However, since you are not a party-at-interest in the debt you would have no standing. You may be thinking of the TCPA.
(emphasis mine) I think the FDCPA is wishful thinking here for two reasons. 1) As CTF388 states, it's not your debt 2) It sounds like it's the OC (FDCPA applies only to 3rd-party collectors)
