There is a CA calling to collect on a debt for my DH. Aside from the fact that the quantities are wrong.... This is what they are doing... 1.) They call the house. Their OUT OF STATE ph # is showing on caller id but above says "PRIVATE" which means they have blocked identification through caller id. - I would see this as a violation of the requirement to identify themselves when they call a consumer. 2.) They leave message. This is So-n-so & Associates. Please call us back..... Hmmm. It is illegal for them to call you collect or otherwise charge you for them collecting. Wouldn't telling you to call a long distance/toll call number fall under that category? 3.) In the "important message" they leave (computer generated) they DO NOT identify themselves as a collection agency. What do ya'll think?
§ 806. Harassment or abuse (6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity. I would say yes..except for they identified themselves in the message. I think the FTC stated that a collection agency couldn't charge you for records. I don't think long-dstance phone calls count. Yep, a violation (last sentence): § 807. False or misleading representations (11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
If your "LOCAL" offers "BLOCK THE BLOCKER"...PRIVATE NAME/PRIVATE NUMBER NEVER RING ON MY PHONE!!! DIAL TONE~~~*77~~~BEEP BEEP~~~DIAL TONE They are told that they MUST UNBLOCK THEIR NUMBER BY PRESSING *82 THEN THE NUMBER...to me that is worth the cost of CALLER ID alone...
(((((((((GEORGE)))))))))))), GOSH, you had me so worried. Here's the part for the long distance charges Sassy § 808. Unfair practices [15 USC 1692f] A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: 1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. Shoot, now I'm re-thinking, it says the collection of, and they aren't collecting it, they're causing it to be incurred, hmmmmm. Seems someone else had this problem not long ago, did you search? I'll see if I can find it. Sassy
Sorry, this is it, LOL, same section: (5) Causing charges to be made to any person for communications by concealment of the true propose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees. Sassy
Thanx Sassy, That's a good one. A CA left a message on our answering machine WITHOUT identifying herself. So I had to spend $00.25 to call back from a pay phone. Should I sue them?
hmmmmmm butch, no, wait until they do it 3 more times so you can go for an even buck! Then you can at least buy a coffee refill, LOL Sassy
