Harassing Phone Calls from a Collector.
 

Hey guys,

I've got a situation here.

My girlfriend got a phone call from a place called Publishers Business Services. It's one of those telemarketing scams that push magazine subscriptions over the phone.

They told her that she could get free subscriptions to 7 different magazines. All she had to do was to pay the postage. It would come to $19.95/mo. Well, see jumped at that.

She never received a single magazine for a few months. That's when the phone calls started. We started getting these aggressive collectors calling up to 3 times/day looking for almost $100 for magazines that she never received. She told them that we were moving (to the place we live now) and to just cancel the subscriptions and not to call her again.

That didn't stop them. We continue to be harassed by them. She did receive 1 issue of Rolling Stone and some other magazine recently, but that was it.

Years ago, I worked for a collection agency. I only was there for a month or two (what a lame job!), but I completed their training program. In training, they made us read a piece of law called the Fair Debt Collection Practices Act. In this, it is detailed the laws that apply to collectors attempting to collect a debt.

These asswipes violated a number of different sections of this act. First off, a collector is not allowed to contact you more than 1 time per day pertaining to the same debt. These guys, were calling up to 3 times/day. They were giving her grief at her place of employment as well. She got written up for being on the phone so much with these people and it played a role in her dismissal from there.

Another violation was when she told them verbally that she did not want to be called again about this, they did not cease the phone calls. She talked to 3 different people about this. You'll sometime see ads in the paper, or in the phonebook, with a lawyer saying that he can 'stop collectors cold in their tracks'. All that needs to be done, is to contact the collectors and tell them (verbally or in writing) that they do not want to receive any more phone calls from them - and they can not legally call you after that has been done.

I'm going to call a lawyer, but I wanted to get some feedback from the peanut gallery before doing so.


:helpme

i dont understand

if they dont send you magazines
they cant bill you

whats the problem?

Burn them all :thumbsup

First off, note that the FDCPA only pertains to third party collectors. If the person contacting you works for the original company, then all bets are off.

If they are indeed a collection agency and the FDCPA applies to them, I'm unaware that a collector is not allowed to contact you more than 1 time per day pertaining to the same debt. But if it's there, print it out and make recordings of the conversations (if legal in your state) for proof.

If she wants the calls to stop, it's best to send a letter return receipt requested than telling them over the phone. If you have proof that this is why she was let go from work, then get that.

Again, if this is the original company, then the FDCPA doesn't apply. If it's a 3rd party collector, you can sue them, but you need an attorney.

You also need to straighten out where the magazines are being sent - I'd do that directly with the magazines, not the collector.

When I was still in the Scale Business, had a collector bugging me.
I had there 800 number, and I had a phone system with 5 lines, 4 phone's, 4 computer's with modem's and pcAnyWhere on all of them, OH 2 Fax Mach.'s... I had all the phone's, PC's and Fax Mach.s calling there 800 number. I could hear the lady saying you're go to go to jail. I had told them time and again I didn't owe the money. I did this every day for a week, until everyday they had 2 put the 800 number on Auto answer. I then called them and told'em again I didn't owe the money... Never heard from them again...:1orglaugh

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Another violation was when she told them verbally that she did not want to be called again about this, they did not cease the phone calls.
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Nope, it has to be in writing. You can tell them that all they want, but it has to be in writing and they for damn sure arent gonna tell you that it has to be in writing, they are just gonna keep calling.

I worked at a collection agency for about 9 months last year. I got collector of the month 3 times :)

Contact your State Attorney General, they handle these things and can shut them down in a heartbeat for frauduent collections attempts.

As far as more than one time per day... NO one can call you for a collection attempt more than once per day in most states before its considered harrassment. Be they private citizen or company. As per Judge Joe Brown just a couple of weeks ago. :Graucho

"My girlfriend got a phone call from a place called Publishers Business Services. It's one of those telemarketing scams that push magazine subscriptions over the phone.

They told her that she could get free subscriptions to 7 different magazines. All she had to do was to pay the postage. It would come to $19.95/mo. Well, see jumped at that. "


Chicks are always talked into this stupid shit. Everything is a scam. Nothing in life is free. People need to learn that.

Here's what you do

Write them a letter stating: "I forbid you to call me again." List your name, phone number, account ID (if applicable) and sign it. Then make yourself a copy and send them the origianl via registered mail, return recipet requested. If they phone again, you can take them to court and sue for damages for harassment. They can mail you all they want, but they aren't allowed to contact you via phone again.

I know this because I did it to student loan collector (on advice of an attorney of course) and walked away with a $900 judgement (they called me again after I sent the letter). I then called the original company that held the loan and used the $900 to pay towards my student loan :)


The amount you can recieve varies from state to state and also depends upon how much the lawyer is going to nail ya for ;)

Consult with an attorney though to see explicitly what your state laws are.

If you send a cease communications letter, then they cannot call or write you. The only way they can contact you is through their attorney's when they sue your ass.

Collection angecies pull this shit all the time, unless you sent something in writing, you cant win.

You need to...

1. Send a "Cease and Desist" communications letter (certified)
2. Dispute the debt in writing and refuse to pay
3. Keep a log by your phone and record any and all communication from them. Person, date, etc..
4. Call them and try to get in touch with someone higher up the food chain (difficult to do)
5. If you have caller ID, make sure you save the number and date of their calls.
6. If you have the ability to record the actual conversation, do it. In some states you have to tell them that the conversation is being recorded.
7. Let them know that you are educated in collection laws. Remind them that the collector can be sued as an individual and seperately from the company. Use words like "harrasement", "third party disclosure", etc..


Good Luck!

Oh and have her boss tell them that they are putting her job in jeapordy (even if it's not so) whether they have been notified or not, they can not continue to call if they know that your job is in jeapordy. Have each call at work documented and tell them that all calls to her job are being documented.

Collection experts (not the newbies) are good at sniffing you out to test your knowledge and see how far they can push you.

Always hold your composure and don't lose your temper. Stand your ground and be firm. Say what you need to say then hang up the phone on them.

The Federal Trade Commission would be interested in hearing about this company.. Not just because of their collection practices, but because of their sales practices as well..
Perhaps the next time they call, just inform them that you're in contact with the FTC pertaining to their company..

Everytime you talk to them you should start the conversation by letting them know. The phone calls will then go very differently.

Also any letter that you send to them should be "cc'd" to your attorney.

Contact the bbb.org to get it on record. That is the most important thing, that everything between you and them is recorded.

Your approach will depend on whether you just want this to stop or whether you are trying to get some compensation. The people calling you sound like a bunch of dipshits and any lawyer who's practicing should be able to bring this to a close.

LD

Thanks for the advice guys. I just may do something about this. Fuck 'em.

Dude, HARRASING phone calls?

that's it?


I can top that shit

I got a nice lil Holiday Letter from the IRS today, pay up your __K or we put a lien on your house HAHA


Merry Fucking Hannuka , bastards :/

http://the-irs.blewme.com


Anyone got a nice place up in canada that I can move to? :) Preferably Vancouver or Montreal

Next time they call her, tell her to tell them " Could you hold one minute please, I'm going to let you talk directly with my husband about this matter, he's the Special Agent in Charge at the FBI's offices here in ________ (your city) ". The phone will be back to dialtone in a matter of seconds. LOL

Thanks, man. I feel much better about my situation now.


:winkwink:

Maybe you'd be interested in

-this-

Pay it with a Visa card then charge it back.

is it a porn site? :0

Very good advice. I don't know where you are turbo, but in Philadelphia they can not contact you more than one time within 7 days, and they can't call you at your job and actually speak with you more than one time in 30 days.

Do the above, in addition to writing a letter to the Attorney General, as well as let the collection agency know you are going to write a letter to the AG...that usually scares the hell out of them. My ex boyfriend just ended his employment as VP of a collection agency...I'm sure I can find more out.

Send your cease and desist certified mail so you can prove they received it, as soon as they get that, they are not allowed anymore contact with you.

Actually, when I was a collector, I was right outside Philly (Bucks County). That's where I'm from. Right now, we're right over the bridge in NJ.

that's a good idea bout the Visa trick, too bad I don't have one with a 35k limit LOL

TurboFace, you worked for Herb and Bernie Silver (Allied Bond)??? or another agency??

I worked at Allied back in 93-95 timeframe

herb K

Herb was the guy that was the trainer for my trianing class at ABC (Allied Bond Collections) in the Neshaminy Interplex, in Trevose, PA.

I don't remember exactly when I was there, but it may have been back in those years you mentioned. That would be funny if we were in the same training class.

Your local area rules should be easy to find.

I went to the wa.gov homepage for Washington state to find mine which are..


The first time a collection agency contacts you, it must give its name and address, and the name of the original creditor (the business or person you owe money to). It must also tell you in writing the amount of the debt and any fees which have been added, such as interest or collection fees. You must also be informed of your right to dispute the information.

* A collection agency cannot call or write to you more than three times a week. Only one of those calls can be at work. You cannot be called between 9 pm and 8 am.
* A collection agency cannot harass, intimidate, threaten, or embarrass you. It cannot threaten violence, criminal prosecution, or use offensive language.
* If you send a written statement requesting a collection agency to stop, it cannot continue to call or write to you to demand payment.

Folks, again - these laws pertain to third party collection agencies - NOT the original creditor. Just be sure you know you're dealing with a collection agency before you start quoting laws to them - it might come back to bite you in the butt :winkwink:

man are there any downloadable C&D's for us that don't wan't to involve a lawyer?

Federal laws apply only to 3rd party collectors ... state law varies, and in several states at least apply to anyone trying to collect a debt.

<a href="http://www22.verizon.com/ForYourHome/SAS/ProdDesc.asp?ID=6063&state=P1"
target="_blank" call intercept</a>

Yah, I worked in the Accounts Receivables department for Paul Sellers, lol.....

They had the best training on how to use the phone to make a fortune........

Herb Silver started the company with his brother Bernie back in 63 or so, they are old school pimps......

what Department you in there? Breaks?, A/R?

From what I remember, I just completed the training and said, 'Fuck It' and found another job.


:glugglug