FCRA & Collection agency c

Discussion in 'Credit Talk' started by ryan, Nov 7, 2000.

  1. ryan

    ryan Guest

    Hi all,

    What does the FCRA say about a collection agency calling at work? Plaza & Assoc. called me at home this morning, and my Privacy Manager caught them, so I rejected the call....and then they called work. Well, the call got transferred to another Ryan who works here, and they left a message in HIS voicemail. The person who called just said to call this tollfree#, and reference some control #.

    Is there any legal way for me tell Plaza NOT to call work anymore? Something maybe in the FCRA that they cannot call here?

    Any ideas are appreciated.

    THANKS!
    ryan
     
  2. Cadillac408

    Cadillac408 Well-Known Member

    RE: FCRA & Collection agen

    That's so funny! I have payment arrangements w/ Plaza & Associates to pay a Target charge off. I called because I wanted to let them know that my payment was going to be a little late. Then I asked them if they accepted credit cards and they said that they only did Western Union quick collect (you have to use a visa or mc to send the money over the internet on Western Unions web site). So I asked them for their code city and the told me. Then they were wondering if I was going to send them the full amount and I said that I had to check out Western Unions site first. I did and for some reason it was down. Then the next day, Plaza Associates (name/number on caller ID came up as "Unavailable") blew my phone up like 5 times!!!! Then the next morning they called at like 7am wondering what was up! I told them that I mailed them the $50 as agreed and that IF I decided to send them the whole amount, that would be at MY discresion! So back up off me!!!!! The rep didn't say anything after that but, o.k. What is weird is that they NEVER called EVER until I told them that I was POSSIBLY going to Western Union the whole amount.

    I do know that it does state somewhere in the FCRA that they cannot call your job if your boss doesn't approve of it. Maybe you might have to send them a C&D letter, stopping them from contacting you via phone. If they need to contact you, they can send a letter if you allow it. I did that with an agency one time....they called my house, called my job and got my cell phone number off of my vmail at my job, then they proceeded to blow up my cell phone!!! I was so HOT!!!!! So I fired off a C&D letter, then proceeded to file all kinds of reports on their ass (w/ the FTC and local Police!) for harassing and threating to take my personal posessions! They were really bad though......the guy was calling me a "f*&%ing big fat deadbeat" dead to my face, calling my house at 6am in the morning (there was a 2 hour time difference, that's why), calling and just hanging up, and the worst was calling....then calling me an obscene name, and then just hanging up! It was horrible. When the original creditor (Bloomingdale's) found out about this and that I filed all kinds of reports (I cc'd them on all of the letters), they contacted me and settled my dispute ASAP! The also re opened my account and erased all of the negative stuff that had been reported for the time that I was disputing. This was all over a $25 late fee that I refused to pay (I disputed in writing and they never got back to me)since I mailed the payment WELL before the due date and it took 45+ days to post to my account! I pay on-line with them now....by the way!
     
  3. Pat

    Pat Guest

    the FDCPA applies here

    The Fair Debt Collection Practices Act (FDCPA) governs the behavior of collection agents. If you tell a collection agent NOT to call you at work, they may not do so.
    The FDCPA also prohibits a collection agent from discussing your debt with any other person. That the collection agent left a message with your coworker is a major violation of the FDCPA. I would consult a lawyer. I don't know if it would be worth sending a demand letter. Call the collection agency, and tell them not to call you at work and follow up in writing. Keep a copy of the letter, and send the letter certified mail, return receipt requested.

    P
     
  4. Pat

    Pat Guest

    MP makes some good points

    file a written complaint with the FTC and the Attorney General of your state about violation of the FDCPA - in that the agent left a message about the debt with your coworker. (do not complain that they merely called you at work).
     
  5. ryan

    ryan Guest

    RE: the FDCPA applies here

    Thank you both!

    I will tell them not to call work again as you suggest. (And send the letter) I think getting a lawyer at this point is premature, but if they do not stop calling here immediately, I will certainly consider doing so!
     
  6. pat

    pat Guest

    it is up to you

    leaving a message about a delinquent debt with your coworker is a pretty big deal.
     
  7. ryan

    ryan Guest

    RE: it is up to you

    Well, I don't think he actually said what he was for......he gave his name, tel #, and a "control number" --- I'm not sure he actually said WHAT he was calling for. (I just said it was a sales person)
     

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