Collection agency has wrong number and won't stop calling...what are my rights?

Question

For the past four months or so, I have been receiving a series of wrong-number calls on my cell phone from a collection agency, looking for someone I do not know.

Despite repeated explanations to the representative that I am not the person they're looking for, that they're calling a cellular phone number and that ultimately - THEY HAVE THE WRONG NUMBER - and asking them to please remove my number from their database, I am still receiving a barrage of calls.

If I let the call go to voice mail, my greeting even clearly states "Hi, This is Sylvia..." and not the name of the person that they're looking for (although I realize that if they're running a dialer program, they may not hear the greeting at all).

I am, quite frankly, more than a little tired of getting these calls. I'm tired of sending them to voice mail, and if I answer and try to plead my case with the representative to get my number removed, I end up getting charged usage for their error, and I'm more than tired of being rudely interrogated about what I do or don't know when it's the company is in error.

What rights do I, as a consumer have to get these calls to stop once and for all? What is my best course of action? I'm rapidly reaching the end of my rope, and any advice would be so very much appreciated. Thanks!

Answer 1

Hi Sylvia



This is the time when I wish that I was a lawyer.



The first thing you need to do TODAY is send these guys a certified letter/return receipt, stating that they have been calling you and that they have the wrong phone number. You must do this to prove that they were notified. If you were to go to court and tell they you called them up and told them....guess what? They will simply deny it.



With a written letter with proof they received it, they have no effective argument to defend themselves.



Also, if you don't have it already on your cell bill, get itemized billing so you have a printout of the times they called you.



Read the Fair Debt Collections Act (Yahoo it)



804(3) states that debt collectors may not:



"communicate with any such person more than once

unless requested to do so by such person or unless

the debt collector reasonably believes that the earlier

response of such person is erroneous or incomplete and

that such person now has correct or complete location

information"



806(5) prohibits debt collectors from:



"Causing a telephone to ring or engaging any person

in telephone conversation repeatedly or continuously

with intent to annoy, abuse, or harass any person at the

called number."



By sending them a letter, and their failure to comply, they are not in "willful noncompliance" with the law allowing you to also collect punitive and actual damages. You can file your own small claims suit, but if you really want to hurt them find a lawyer who is experienced in FDCA lawsuits (a member of the NACA...again Yahoo search).

Answer 2

The next time a collector calls, politely ask to speak to a supervisor. When you get the supervisor on the phone, tell them they have the wrong number and ask that your number be annotated in the file as a incorrect number. The debt is being sold to other collection agencies. Somewhere your phone number got in the file, maybe from a bad skip trace. Everytime a new collection agency gets that file, they will start calling you again. If you can convince the supervisor to mark you number as a bad number, the calls will stop. Sending a cease and desist letter really won't help. Even if it works for the collection agency who has the debt now, the calls would start all over when the debt was sold again.

Answer 3

let them know that they are in violation of the fair debt collection practices act and that you will be recording any further phone calls for possible legal action. if they call again, turn on your recorder say, "you are in violation of the fair debt collections practices act by continuing to call me despite your having the wrong number". they might call once or twice more but this will stop it. if they do call, contact your state attorney general office and let them know this company is in violation. also, ask to speak with a manager if you ever get called again. they will have more common sense and know better the legal ramifications of their continued calling.

Answer 4

harrasement..... legally they must stop especially if you report them for harrasement. Sorry I dont remember who exactly you can report them to. But you can start the next time they call you just play along like it is you, ask to speak with a supervisor or manager and when you have that person on the phone, get their first and last name and tell them that these calls must cease. Now that you have spoken to them they have to take the responsibility and stop the harrasement. The little men dnt care what you say, they are just dummies doing a job no matter who it is affecting. Speak to their supervisor and make him aware that they are harrasing you whether or not they have the wrong number

Answer 5

Cellphone numbers can be added to the Federal Trade Commission's ''do not call" list. Many telemarketing operations, though, don't belong to the Direct Marketing Association, which honors the list. Nor do the most prolific e-mail spammers, some of whom flout antispam laws.



Also, you can block numbers and texts from you cellphone, here is how:



AT&T: Log in at mymessages.wireless.att.com. Under Preferences, you’ll see the text-blocking and alias options. Here’s also where you can block messages from specific e-mail addresses or Web sites.



* Verizon Wireless: Log in at vtext.com. Under Text Messaging, click Preferences. Click Text Blocking. You’re offered choices to block text messages from e-mail or from the Web. Here again, you can block specific addresses or Web sites. (Here’s where you set up your aliases, too.)



* Sprint: No auto-blocking is available at all, but you can block specific phone numbers and addresses. To get started, log in at www.sprint.com. On the top navigation bar, click My Online Tools. Under Communication Tools, click Text Messaging. On the Compose a Text Message page, under Text Messaging Options, click Settings & Preferences. In the text box, you can enter a phone number, email address or domain (such as Comcast.net) that you want to block.



* T-Mobile: T-Mobile doesn’t yet offer a “block text messages from the Internet” option. You can block all messages sent by e-mail, though, or permit only messages sent to your phone’s e-mail address or alias, or create filters that block text messages containing certain phrases. It’s all waiting when you log into www.t-mobile.com and click Communication Tools.



Blocking in-coming calls:



First of all, you should call up the customer care number of your phone company or service provider. Check out whether they provide number blocking services or not.

If the number blocking services are available, find out whether they apply only for the local calling area or work with out of area calls too.

You can attach an inbound call blocker to your phone that blocks all the calls that come to it.

In case you want to block specific numbers and anonymous numbers, you can use call screen. For this, you need to contact your phone company or service provider and get the details.

You can also get your phone company to provide you with Anonymous Call Rejection, or ACR. This way, all the calls that say unknown number, out of area or private, will be blocked.





Good luck

Answer 6

Let them know that this harassment and you will report them to the BBB. make sure you get they Co name and the rep name too. that should stop them.