Jump to content

Meercantile Harrassing Phone Calls

Recommended Posts

I have been getting mean and nasty phone calls from Mercantile Adjustment Bureau and another credit company (Aliance) for quite a few months. I have asked them not to call me but just about every night there are messages on my phone for my 27 year old recently divorced son. I get calls that when I answer, no one is there and a little while later either Aliance or Merkaneile will call me. I have told them he doesn't live with me and lives out of state (which is true, I haven't seen him in over a year). Today a girl from Mercantile agency called me and told me that she knew that my phone number was my son's. I told her she was mistaken that she was calling me and that my son lived in another state. She started yelling at me saying that she knew for a fact....I hung up on her. Several hours later another Mercantile agent called and told me that I was "Aiding and Abeting" my son (he hasn't commited any crime that I know of, other than not paying his bills). The man from Mercentile was so rude and mean and threating to me that actually became sick at my stomach. I've been getting physically ill from the worries of all this harrassment. Do I have any recourse? I have a good job and good credit.

Link to comment
Share on other sites

If I were you, I would get a lawyer and sue their pants off! That kind of harassment is totally uncalled for. Them even talking to you about your son's debt is highly illegal and you can sue them for $1000 for each violation. From here on out, keep a log of every time they contact you and use that as evidence against them.

Link to comment
Share on other sites

They are most definately in violation of the FDCPA and you do have a recourse. Unfortunately, it's not $1000 per violation but per action so the maximum you could sue for is $1000 in statutory damages, however, you can sue for punitive damages due to their harrassment. They are not allowed to continually call you, they can only call you once and under very restricted circumstances. Check out this section of the FDCPA.

§ 804. Acquisition of location information [15 USC 1692b]

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --

(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

(2) not state that such consumer owes any debt;

(3) 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;

(4) not communicate by post card;

(5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and

(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to the communication from the debt collector.

Check your states recording laws here http://www.pimall.com/nais/n.recordlaw.html and if you live in a one-party consent state you can tape their next call without them knowing it. If you're in an all-party consent, then inform them that you'll be recording and see how fast they hang up.

Link to comment
Share on other sites

This topic is now closed to further replies.

  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.