I'm not sure who these people are, but they called my mom's house on a Sunday, they told her that if I did not call this Tony guy today, they were going to file fraud charges against me. I am going to have to call them so I can find out the name of the company so I can send them a C&D phone contact letter. Should I tell him over the phone that he is in violation of the FDCPA? "(b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. And does this one apply as well? (4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. (5) The threat to take any action that cannot legally be taken or that is not intended to be taken. (6) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- (A) lose any claim or defense to payment of the debt; or (B) become subject to any practice prohibited by this title. (7) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. I know I am not supposed to talk to CAs on the phone, but I have to find out who they are. I don't know who the company is or who they are collecting for. Any other advice before I start dialing?
I wouldn't SAY anything. If you do call them, record the conversation (check to make sure 1 party is legal in your state). Bet they will bury their own selves even further...
That's ok, at the beginning of your call just state to them that this call will be taped for training and/or quality control purposes If they intend to deal with you honestly and sincerely (yeah right) then being taped shouldn't matter. The worst that can happen is that they hang up. Then at least you'll have a sense of what you are up against. Call again and just say that from now on any communication from them is to be in writing only, since as a matter of policy you do not conduct business over the telephone. Follow up the call with a limited C&D letter, sent CMRRR.
