A CA (I'll call her KL) has been calling my job DAILY for the last 2 weeks, and has not only been harassing me, but also my coworker, who is a good friend and someone I listed as a reference on a loan application. After reading the FDCPA, I believe KL violated the following provisions of the FDCPA: 804 (2) , 804 (3), 806 (2), 806 (5), 807 (2), 807 (4), 807 (7)...I could probably find a million more, but those are a certainty. Basically, this individual told my coworker that it pertained to a loan NSF and was a criminal matter, represented to yet another coworker that she was an "investigator", calls my coworker who I listed as a reference continuously, left me and my coworker an extremely condescending msg stating that "It's amazing that [coworker] can call me back but you can't, etc. etc. etc." (coworker, with the best of intentions, called her back to see what she wanted), etc. etc. In short, she harrassed me, embarrassed me, and basically implied to the whole world that I gave her client a bad check (not true) and that I'm a criminal! I want to sue her. Actually, I want to kick her a$$, but I'll settle for suing. Do I have cause? I've already reported her and her company to the FTC and BBB, but I want to take them to court. In addition to the complaints, I left her a voice msg today that said, "Don't call my job. Don't call my coworkers. I don't know who you are, I never rec'd a letter from you about this- send me a letter with verification that I owe this debt, the law pertaining to this being classified as a criminal matter, etc. within 30 days. Oh, and if you need to contact me again, do so in writing only." I need a good lawyer. I'm trying to search online but I keep getting junk. The lawyer mentioned in the FAQ no longer has a good working website. Any recommendations? Thanks!
You can call all you want, but it won't cut any ice. Hope you have saved the messages the lady left on your answering machine, or a tape recording of the conversation (that may or may not allowed per state law). Your rights begin ONLY WHEN you put it in writing asking the collection agent to stop calling and communicate only in writing. For good measure, you want to have proof that such letter reached the CA (hence you must send it certified mail, with return receipt request; or FedEx for proof of delivery)
The only "legitimate" use of a "reference" is to locate the debtor. References are not cosigners, answering services, they have not signed or agreed to anything, nor are they in any way a part of the contract. Since the CA already believes they have located you, all contact with references or any other coworkers is telephone harassment, both of you and of them. This IS a criminal act: the CAs.
You don't need a lawyer - you need to send a Limited Cease-Comm letter CMRRR to this jerk, limiting all communication to written communication. You then need to file a suit in Small Claims Court against both the CA and this collector personally for the violations I have listed above.
Excellent! Thank you all so much. I will mail the certified letter today- and I can't wait to file the suit in small claims court. And whoever said "Don't f*ck with me, I f*ck back..." I totally agree.
