CLM Posted October 4, 2004 Report Share Posted October 4, 2004 I think I know how to handle this one. I guess I'm just posting for assurance. Over the last few days I've received phone messages from someone requesting that I call them back regarding an important issue pertaining to a debt. They said they had to make an important decision on the issue and they didn't want it to be a negative one. Unfortunately, they never identified themselves. I think I know whcih account on my CR this call may be associated with. But I also feel if it's such an important decision they will make an attempt to send some kind of correspondence to my home via mail.Should I continue to wait for mail contact? Or should I call them back? Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 4, 2004 Report Share Posted October 4, 2004 Well, I might call them, admit nothing, tell them they are harassing you and your family with their threats, that they should write to you and that you cannot do anythoing they want until you get something in writing. MAKE THEM IDENTIFY THEMSELVES to you. You can get an account at www.tel-biz.com and record teh phone calls you make to them Link to comment Share on other sites More sharing options...
ynkewmn Posted October 4, 2004 Report Share Posted October 4, 2004 AND>>>I would,,, Go to posts in OC/CA contact info. to find out who is calling you. If you do talk to them, I believe they must send you a dunning letter within 5 days of initial contact. Look for that letter if you talk to them, keep the envelope too! Keep ALL records of telephone conversations; date, time,whom you spoke to, whether the sky was blue that day,,, . I didn't do this with some of my collectors in the beginning. Anything may help in collecting violations or defending/filing a lawsuit!Best thing is not to even talk to them! But if you do, verbally tell them you dispute the collection (IF you choose to do so, and if it is a CA), and you want all communication in writing! If they contact you again before 10 days pass, they are in violation. Send them a "stop call" letter, they ever call again,,, violation. Believe me, this doesn't stop them, but collect and file all that info. if they do! Someone, help me if I am wrong here, but if you are on the NO SOLICITOR CALL LIST, wouldn't this be a solicitation call and violative of the FTC rules and regulations? Link to comment Share on other sites More sharing options...
Kristin36 Posted October 5, 2004 Report Share Posted October 5, 2004 Once they call and talk to you, they have to wait 7 days, not 10. And being on the DO NOT CALL list has NOTHING to do with CA's. It DOES NOT apply to them. Link to comment Share on other sites More sharing options...
breathing_easier Posted October 5, 2004 Report Share Posted October 5, 2004 Someone, help me if I am wrong here, but if you are on the NO SOLICITOR CALL LIST, wouldn't this be a solicitation call and violative of the FTC rules and regulations?A collection call isn't considered a "solicitation" call. Collection calls in and of themselves are considered to have a permissible purpose. It's when a CA calls after receiving a cease & desist letter is where the CA gets into trouble...or when they make threats during the phone call... Link to comment Share on other sites More sharing options...
ynkewmn Posted October 5, 2004 Report Share Posted October 5, 2004 Can't remember where I got this info, I cut and pasted it but this is what it said....Debt Collectors and Creditors that are calling to collect, are trying to make a sale. Legally, a collection call is considered soliciting. Selling you on the benefit of paying them what they say you owe, so that they won't continue to harass you, keeping the coll. off of the CR, not filing suit. That is the implication. I looked to see here>>>>>>>>>>> Telephone Solicitation Act; The term "telephone solicitation" does not include calls or messages placed with the receiver's prior expressed permission, by or on behalf of a tax-exempt non-profit organization, or from a person or organization with whom the receiver has an established business relationship. An established business relationship exists if you have made an inquiry, application, purchase, or transaction regarding products or services offered by the person or entity involved. Generally, you may put an end to that relationship by telling the person or entity not to place any more solicitation calls to your home. Additionally, the established business relationship is only in effect for 18 months after your last business transaction. After that, calls placed to you by that person or organization are considered telephone solicitations and will be subject to the do-not-call rules. Automatic Telephone Dialing This does not appear to establish a permissible purpose for a CA to not be exempt from the ACT. Maybe I am reading this wrong.....This was from FCC Website. Link to comment Share on other sites More sharing options...
breathing_easier Posted October 5, 2004 Report Share Posted October 5, 2004 ...or from a person or organization with whom the receiver has an established business relationship. An established business relationship exists if you have made an inquiry, application, purchase, or transaction regarding products or services offered by the person or entity involved. Generally, you may put an end to that relationship by telling the person or entity not to place any more solicitation calls to your home. Additionally, the established business relationship is only in effect for 18 months after your last business transaction. After that, calls placed to you by that person or organization are considered telephone solicitations and will be subject to the do-not-call rules.The way I read this is that unless there has been no communication from the CA within 18 months from the last contact, then they can contact you. It does allow for the cease & desist letter, though, mentioned previously. Link to comment Share on other sites More sharing options...
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