Asset Acceptance called my cell phone on 04/08/05. I got the basic info, (enough to send of a letter requesting more info), and didn't answer any of their questions and made sure to tell them not to call my cell ever again. Not even 5 minutes later they were on my office phone "verifying employment". Unfortunately for them, I'm the Office Manager. I got on the line (not telling them who I was) and asked what they wanted. They wanted to know if I worked here: I politely answered very minor questions and asked that they not call back to our office as "PrnzesnJen can not receive personal phone calls in our office please do not call back here ever again". On 04/09/05 I fired off a validation letter (CMRR) and stated very clearly not to call my cell and not to contact my employer as it would cost me my job. Well, they called the office again today wanting to verify employment again. What can I do?
Do you have proof they received the validation letter before today? (the 'green card") If so, they have violated the FDCPA and you can sue them for it. PS: even if you don't have the card back yet, you can track the CM on-line at the USPS website
Yes, it was signed for on April 13, 2005 at 7:58 am. Does verifying employment fall under a violation?
Re: Re: Calling My Employer..after... This is kind of a grey area. According to the FDCPA, a debt collector can only contact a 3rd party to obtain information on locating a debtor. It seems to me that they already had verified your location the first time they called since it was acknowledged that you worked there. When they called, and asked for employment verification the second time, you should have asked them if the hadn't already called once before asking for the same info, and if they recalled being told not to call again. See what they would have answered there Perhaps someone else here will check in with an opinion as to whether or not they violated the FDCPA
Re: Re: Re: Calling My Employer..after... I did. She replied there was nothing in the notes. The lady who called today was a different lady than who had called before. Regardless, their lack of intelligence to properly maintain their files is not my problem. She seemed SHOCKED at my boldness and quickly hung up on me without so much as a goodbye, this was after I asked for their number. Isn't that some sort of failure to identify themselves, when I've asked for their address and phone number? The "plot" thickened this afternoon. When I sent the letter, I did not have any account number as I'm disputing the account as even being mine, she only told me the original creditor's name. I got another letter from a different company name, with same address, for a different account today that states they received my request and have reported my account as disputed. However, the letter I sent them clearly identified the account with the original creditor name and it's not the account they have reported as disputed. I'm guessing I have two different collection accounts with this company and they can't keep their records straight.
Re: Re: Re: Calling My Employer..after... Confusion in their records indicates it is even more important to obtain complete validation on each account, even if you later choose to pay any amount. You cannot even be sure what account they would apply a payment to, whether it is even your debt, or what that debt is, without validation accounting for payments and fees.
Re: Re: Re: Re: Calling My Employer..after... I plan to. Firs thing is first though, figuring out whether or not their repeated call to my office is a violation. Good news for me is that the 30 days are going to pass and they're going to fail to provide proper validation and properly dispute with the CRA's because they think I'm disputing a different account with their "other" company. Thank Goodness For Idiots.
Re: Re: Re: Re: Re: Calling My Employer..after... Well I still have hours of reading to do but according the my state's law the only purpose for them to call my employer is to: Verify Place of Abode, Place of Employment and telephone number of each. On their initial call they wanted to know how long I had worked for the company and what my position within the company was. I provided our number and name of business and that was it. Today's call was another attempt to get the information I gave them previously...so I think that would be a violation. In addition to the fact that I requested that they never contact the office again, in writing and on the phone..and they still called. (This is begining to get kinda fun)
