I got a frantic phone call from my parents earlier telling me some lady from Atlanta had called looking for me and it was very important that they get a hold of me immediately. The lady said it was not a personal matter it was a very important business matter that needed to be addressed. My parents took the information and gave it to me. When I called it's in regards to some damn account from 4 years ago that was under dispute from the last agency, it's not mine, and they can not provide the proof. Is anything she said under violation of the law? It's not a business matter, it is a personal matter, and I thought they couldn't said ''immediately'' or ''business matter/personal matter that NEEDS to be addressed'' to a 3rd party?
Also, what about that Foti v NCO issue from awhile ago. I thought they weren't allowed to leave messages with 3rd parties?
CAs are allowed to speak to a third party in trying to locate the debtor. The laws are vague in this area. Since they did not state this was a debt to your parents, they have complied with the FDCPA. However, if this debt has been "resold", and the previous CA did not provide validation, this action could be construed as "continued collection activity", and therefore a FDCPA violation. Write the new CA a request for validation, and be clear that previous validation request was never responded to.
They didn't try to locate me at all per say. They only left a message and say it was very important business matter. Collections is not a business matter, it's a personal matter, correct? I thought they could call and locate the debtor, but they could not ask the 3rd party to leave a message.
Oh, and I did tell them the previous validation was not received and faxed them the dispute/validation/C&D, and have the confirmation page, also called to verify the office has received it, they have and it's noted on my account. TIA.
If they're reporting it already I would advise you just to sue them. I usually don't do this but, OSI (I'm assuming it is Portfolio) will just sell it again. They're likely reporting it as open, past due, data factoring, etc. They are garbage. Even if they could validate it, they will sell it off and it never ends. Just hit them with a Summons. Stop wasting your time with anything otherwise. I usually don't take this posture but, they are so egregious that I do with them. They report, re-insert, and intentionally harm scores. Then, they just sell it off and leave their remains. The only way to deal with them is to sue them in my experience.
When I called to find out what they wanted, the rep said the account just got here so it hasn't been reported and it wont be if you pay right now. I have checked my credit reports, and they haven't posted anything or pulled them. I have no idea what address they have on filed, I've haven't received anything from them, I suppose within the next 7 days (mail time) I should get a letter from them since they are required to send the first notice.
So what do I need to prepare for once it's reported? Do I need to find the documents to the previous collection agency and fax to them?
No, you need to sue them because it will be deceptive and misleading as I've described above. They don't respond to documents. Well, their FDCPA will write you back and tell you that she is going to sue you. Mitch Bloom, their counsel, will as well. Then if you don't pay it, they'll verify it, and sell it. They'll give you the gift of a tradeline though. Point is that it usually takes litigation.
