LadynRed Posted February 6, 2003 Report Share Posted February 6, 2003 Well, well.. my CELL phone rang a bit ago with a number identified (713 area code), had no idea who it was. I answered it.. guy asked me if I was me, I said 'yes', then he said 'my name is (dirtbag collector alias name) how you doin' today ?'. I said who are you ? He said I'm with Sherman Aquistions then started his babbling. I said 'Hold it, how did you get this number ?' - his reply -'this is the number we had for you'. I told him 'this is my cell phone and its illegal for you to call me on this number - GoodBye !' - and he was trying to talk over me with 'what number should we call you on ?'. I hung up on him anyway. Two seconds later the fool calls me on the cell # AGAIN! Bingo ! VIOLATION ! The first they were stupid - I KNOW where this bad info came from and I'd told the OC a long time ago to DELETE that number from their records - they didn't apparently --gee big surprise, huh ? The 2nd call this nitwit KNEW it was a cell phone - pay me $1000 thank you !! The 2nd call I saw it was the jerk again and just hit the button twice to hang up on him. The cell phone records DATE and TIME of the call as well as the number. Anybody want a number for SA that's NOT an 800 # ?? :upsidown: These idiots have my home address, they've sent letters. My home phone is NOT unlisted.. let them look it up !!! What a bunch of dipsticks ! [Edit by LadynRed on Thursday, February 6, 2003 @ 08:15 AM] Link to comment Share on other sites More sharing options...
Swede Posted February 6, 2003 Report Share Posted February 6, 2003 Hahahaha, they're SUCH morons. Go get em, girl!! Link to comment Share on other sites More sharing options...
bingo Posted February 6, 2003 Report Share Posted February 6, 2003 Ladynred,There a thread on creditnet about OSI. There are 2 people there who seem to have gotten the ball rolling on a class action suit. They draw Sherman into the loop. Link to comment Share on other sites More sharing options...
LadynRed Posted February 7, 2003 Author Report Share Posted February 7, 2003 Excellent, I'll go check that out !! I also have SA on violations in there letters - no '30 days to dispute' notice.Thanks ! Link to comment Share on other sites More sharing options...
kimber6337 Posted February 7, 2003 Report Share Posted February 7, 2003 Ah Lady..713 is Houston. I'm in Houston - want me to go beat them up for you LOLOL!! j/k Link to comment Share on other sites More sharing options...
LadynRed Posted February 10, 2003 Author Report Share Posted February 10, 2003 Kimber - I'll send you a stink bomb you can lob into their windows !! LOL Link to comment Share on other sites More sharing options...
equislee Posted February 10, 2003 Report Share Posted February 10, 2003 When my husband lost his job and it was obvious that he wasn't get employed right away and I was going to have to start dealing with our creditors in a manner they weren't going to like, I had our number changed to an unlisted number to force my creditors to deal with me on my own schedule. However the idiots over at directory never got the order for my phone to be unlisted until a couple of collectors had gotten a hold of it, I would change it again but all of my husbands resume's are out there with the new number. I would like to sue the directory but not sure its worth it. Link to comment Share on other sites More sharing options...
bw4444 Posted February 10, 2003 Report Share Posted February 10, 2003 equislee, try this...Ring...ring...ring....Voice: Hello, this is Schmoe collector...blah, blah, ...You: Write me! **CLICK**You are not required to talk with anyone on the phone. You have been taught since childhood not to be rude (assuming you are not a collector). But in this case, you have to grow accustomed to hanging up the phone before the collector reaches the second "blah".There is no law anywhere against hanging up on anyone. If you can afford it, caller ID can be well worth it. Link to comment Share on other sites More sharing options...
LadynRed Posted February 11, 2003 Author Report Share Posted February 11, 2003 Well, last night SA did it AGAIN !! These dimwits called my cell phone TWICE !! I knew it was them the minute I saw the caller ID, so I just hit the button twice to immediately take and break the call. The jackasses rang the phone a SECOND time !! Now I know these things get passed around to whatever h.s. dropout drone is next in line, so it wouldn't be the same dope that called my cell phone the other day when I told him it was a cell phone. However, my C&D letter goes out today to tell them they are to stop calling my cell phone - and that goes out AFTER I file my complaint with the FTC so I can include a complaint number in the C&D letter. Next I'm off to www.edcombs.com to add my 2 cents to the class-action data they're collecting on these crooks ! Link to comment Share on other sites More sharing options...
LadynRed Posted February 12, 2003 Author Report Share Posted February 12, 2003 Well, I heard back from Edleman, Combs and Latturner. Dan Edelman himself replied to my email. They are interested and asked me if I was interested in taking any action against the collectors. I wrote back 'absolutely, sign me up'. So, we'll see. If this works out, perhaps others dealing with Asset, Sherman, CAMCO, and others would also like to add their voices to a class action. We can certainly rack up a LOT of violations for the law firm to use ! Link to comment Share on other sites More sharing options...
retmar Posted February 12, 2003 Report Share Posted February 12, 2003 Sign me up! Just say when and where and I'll be glad to. Our problem is with A$$et. Good work! Link to comment Share on other sites More sharing options...
ghacorp Posted February 12, 2003 Report Share Posted February 12, 2003 The best way to deal with the cell phone problem might be as follows:1) Simply send a C&D letter to cease collection activities.2) Deactivate & reactivate your mobile phone with a new number. It may cost you $35.3) Opt out of marketing activities with your mobile phone service provider. Also, request your number not be listed in any directories or with any partners for any reason whatsoever.4) Finally, do not give out your mobile number to any creditors, or use with store loyalty cards, warranty registrations and the like. Once your number is out you should assume that collectors will sleuth it out somewhere. Bear in mind, collection agents who once were employed by Collection Agencies have retitled themselves "Claims Adjusters" since they are now under law firm banners and they feel they have full legal right to use alternate methods of contact, i.e. cell phones and business phones when debtors cannot be reached at home. At least this is what they are telling the courts and some judges are lending a sympathetic ear and permitting it. Link to comment Share on other sites More sharing options...
bw4444 Posted February 13, 2003 Report Share Posted February 13, 2003 <blockquote>Originally posted by ghacorpOnce your number is out you should assume that collectors will sleuth it out somewhere. </blockquote>Not too hard to do since several data businesses buy these registration card, warranty card, sweepstakes card, etc. lists and compile the information against their vast databases. People often wonder how someone got their unlisted number. They got it off the warranty card you sent in for your toaster.(BTW. The warranty cards have no effect on your warranty. Not sending them in doesn't diminish your warranty. It's just another way that companies get your name and address to sell.) Link to comment Share on other sites More sharing options...
Anonymous Posted February 13, 2003 Report Share Posted February 13, 2003 Can anyone give me the contact info for Sherman Acquisitions? Link to comment Share on other sites More sharing options...
Anonymous Posted February 13, 2003 Report Share Posted February 13, 2003 Sherman Acquisition,LpPO Box 10584Greenville,SC 29603-0584(800) 363-3115 I believe this is the correct contact info. Link to comment Share on other sites More sharing options...
smogtek Posted February 13, 2003 Report Share Posted February 13, 2003 When I recently "communicated" with them, I used this info from the BBB website.http://worf.usshurdman.com/~hous/common.html?location=/home/common/www/mis67/report.php&bureau=hous&compid=50001350 Link to comment Share on other sites More sharing options...
LadynRed Posted February 13, 2003 Author Report Share Posted February 13, 2003 Well, I never use my cell phone number on any sort of application, warranty card, or anything like that. I always reject this bull about 'marketing partners' and my cell phone service does not push that sort of thing. I give it out only to personal contacts and that's it.I don't really know how BestBuy even got my cell phone number, I have no recollection of EVER giving it to them, but that's where this is coming from.As I said, I'm changing my cell phone number anyway (at no charge, BTW), so they'll be S.O.L. after that. The intersting thing is, my caller-id program at home last night shows a call from the EXACT SAME NUMBER in the (713) area code that these dipsticks from Sherman are calling me from, so the HAVE my home phone number !! BTW- another attorney from Edelman, Combs, & Latturner contacted me yesterday. They want me to call them about Sherman Aq. !! When I talk to this guy, I'll ask him if he wants some more contacts and then you folks here can join in the fun and games !! [Edit by LadynRed on Thursday, February 13, 2003 @ 07:47 AM] Link to comment Share on other sites More sharing options...
kimber6337 Posted February 13, 2003 Report Share Posted February 13, 2003 I hate to say this but I will. If you think for one moment that your cell phone company is not providing information to certian groups for either skip traces, locator services, etc..your wrong. They all do!True total Privacy is a thing of the past. The only way your going to get it is to move to an island that no man has set foot on and tell no one, which somedays sounds like a good idea!!!!! Link to comment Share on other sites More sharing options...
LadynRed Posted February 13, 2003 Author Report Share Posted February 13, 2003 Oh.. I never thought it couldn't be had .. it can, nothing is really PRIVATE any more. It stinks. However, of all the CA's sending me letters and calling my home number, this is the ONLY one that has my cell phone number and it came from the OC as I mentioned. My home number is NOT unlisted (yet) and they all have my correct home address (for now), if these bozo's need to contact me, they can damn well do it at home.I'm going to write the FTC and ask for an informal opinion on this cell phone/collection issue. I couldn't find anything in the TN statutes, so I'm going for the higher authority. Link to comment Share on other sites More sharing options...
kimber6337 Posted February 13, 2003 Report Share Posted February 13, 2003 Thats not a bad idea..like to see the results of that. Link to comment Share on other sites More sharing options...
LadynRed Posted February 13, 2003 Author Report Share Posted February 13, 2003 Believe me, if they answer me, I'll be posting it here! Link to comment Share on other sites More sharing options...
buzz-saw Posted February 14, 2003 Report Share Posted February 14, 2003 <blockquote>Originally posted by LadynRedOh.. I never thought it couldn't be had .. it can, nothing is really PRIVATE any more. It stinks. However, of all the CA's sending me letters and calling my home number, this is the ONLY one that has my cell phone number and it came from the OC as I mentioned. My home number is NOT unlisted (yet) and they all have my correct home address (for now), if these bozo's need to contact me, they can damn well do it at home.I'm going to write the FTC and ask for an informal opinion on this cell phone/collection issue. I couldn't find anything in the TN statutes, so I'm going for the higher authority.</blockquote>Hi there, fellow Nashvillian... long time, no write!It is not against the FDCPA for a CA to call a cell phone number, provided it's between 8A and 9P, or unless you state otherwise. They get the numbers by skip-tracing, which anyone with any background in investigations can do.I think you said in your original post that you identified yourself when they asked if it was you. What I've done in some cases, even though I no longer pick up the phone unless I know the name and number on the ID screen, is to reply, "with whom do you wish to speak" if they ask "who is this?" If they say, "Are you John Doe," and assuming I am in fact John Doe, I'll just say "I don't know no John Doe," which is not a lie because "know no" is a double-negative that any high school drop-out should be able to catch (their problem; not mine).Good luck on nailing this CA... I know the cell calls aren't a violation, but a failure to provide you with the little "notice," certainly is.As an update to my own situation, I finally found someone who would hire me, but it was too good to be true (as I suspected from the outset). I found out, third hand, that the company was a scam operation. I went to the office the other day to "discuss" this with them, and they were no longer there...even the furniture was gone. Needless to say, I don't think I'll be getting my paycheck lol.The last CA I wrote about ended up throwing up its hands and discharging the debt (1099-C is on its way, according to them). Also, as for all of the companies that didn't provide validation, I've finished sending complaints to the BBB, FTC, OCC (for nationally-chartered banks), attorneys general, and others.Perhaps, maybe, at some point we might be able to do lunch together and discuss some of this stuff further...I'm sure we both have plenty of stories to tell! Link to comment Share on other sites More sharing options...
kimber6337 Posted February 14, 2003 Report Share Posted February 14, 2003 Buzz,You say per the FCRA its not against the law..where do you see that..any opinion letters to back that up? Link to comment Share on other sites More sharing options...
LadynRed Posted February 14, 2003 Author Report Share Posted February 14, 2003 Hey Buzz-Saw !! Yes, I think lunch would be a good idea. I work in Brentwood. BTW, that company I sent you info on is actively seeking at least one professional - contract admin, installations director (which is networking basically) and a strong project manager wouldn't hurt. Did you ever hear anything from them ??Anyway, the cellphone thing may not be spelled out in the FDCPA, I know. But, if causing someone to incur long distance charges isn't allowed, then why would incurring charges on a cell phone for THEIR collection activities not be disallowed ?? Like I said, I'm going to write the FTC and see what they have to say about it. The last round of validations I sent out I haven't heard much, but one CA folded and gave it back, and now NCO has it. They're going to be harder to deal with, but I hear they NEVER validate, so it may work in my favor after all.That scumbag lawyer is still calling me, even after 2 validation letters. The last recording even said 'we've called you many times blah, blah, blah...' - an admission that they're violating the FDCPA. I have a record of almost every call they've made since both DV letters went out, I've got 'em dead to rights anyway.Good luck on the job hunt. That scam company is scarey.. I think I'd be freaking out.. LOL. Link to comment Share on other sites More sharing options...
buzz-saw Posted February 14, 2003 Report Share Posted February 14, 2003 <blockquote>Originally posted by LadynRedHey Buzz-Saw !! Yes, I think lunch would be a good idea. I work in Brentwood. BTW, that company I sent you info on is actively seeking at least one professional - contract admin, installations director (which is networking basically) and a strong project manager wouldn't hurt. Did you ever hear anything from them ??Anyway, the cellphone thing may not be spelled out in the FDCPA, I know. But, if causing someone to incur long distance charges isn't allowed, then why would incurring charges on a cell phone for THEIR collection activities not be disallowed ?? Like I said, I'm going to write the FTC and see what they have to say about it. The last round of validations I sent out I haven't heard much, but one CA folded and gave it back, and now NCO has it. They're going to be harder to deal with, but I hear they NEVER validate, so it may work in my favor after all.That scumbag lawyer is still calling me, even after 2 validation letters. The last recording even said 'we've called you many times blah, blah, blah...' - an admission that they're violating the FDCPA. I have a record of almost every call they've made since both DV letters went out, I've got 'em dead to rights anyway.Good luck on the job hunt. That scam company is scarey.. I think I'd be freaking out.. LOL. </blockquote>Yup, the FDCPA prohibits the long-distance thing...so I guess the legal question here would be "do cellphone usage minutes constitute long-distance charges?" Personally, I would say "yes" in the sense that it is costing you money to participate in the call -- which is what I think that provision of the FDCPA was enacted to guard against. Of course, this wouldn't apply unless you actually picked up the phone and talked with them. You could always make the argument that they know it's a cell phone and that cell phones have minute-charges, and that it was their "intent" to cost you money.As for the lawyer who is calling after you sent unanswered validation letters, why not just go ahead and sue? As long as you have certificates of mailing and signed receipts, and a log of the calls, you should be good to go.As for the company you told me about, I sent them a resume and letter, but as usual, no response. I think I'll go see them and hand-deliver the resume.If you're working in Brentwood, then you must not work for the company I thought you worked for lol. As for the company I thought you were with, I've applied for jobs there left and right, including four just in the last day. They're not responsive at all, so I think I'll just drop in for a personal hello with them. Link to comment Share on other sites More sharing options...
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