Aerovette Posted March 14, 2007 Report Share Posted March 14, 2007 I have an employee that has a CA calling two and three times a day to attempt to collect a debt. They have tried several tactics including stating that they are from a "Fraud Investigation" department. I run a small company so these calls are very noticable and disrupting. I have repeatedly told them I cannot pull her off of my production floor and that they are putting her job in jeopardy with the constant calls. The CA is B.I.G. (I've never heard of them and searches come up empty). Having received so much help for my own collection issues from this forum, I thought I'd get your input on what I can do or say to stop this completely. I pointed her to this forum for help in resolving the CA account, but I don't know if she ever posted or not. The debt is her problem, but the calls need to stop. What should I do?Added: They also informed me that I could be in trouble for not letting them talk to her. True? I can't afford to have my employees away from their work area. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 14, 2007 Report Share Posted March 14, 2007 first of all NO you can not be in trouble and you do NOT have to let her take the call (I am an employer as well).. you simply tell them she can not take calls during working hours..You tell her to send them a VD or C&D letter.. just depending if her debt is out of SOL.. either way both letters tell them they can not call and in the letters you stress that they can not call her work number during specific hours... then have her send it CMRR. IF they do call again they are breaking federal law and you can remind them of that fact.Once it is in writing the calls should stop. Link to comment Share on other sites More sharing options...
willingtocope Posted March 14, 2007 Report Share Posted March 14, 2007 CarolinaBlueEyes is absolutely correct. You will not get in trouble and you don't have to put them through. You really don't even have to talk/listen to them. Until your employee sends them the C&D, simply say "one moment please" and put them on hold. This is really effective if you got "music on hold" almost tuned to a very loud salsa station. You can also get in touch with your local phone company and ask about their call blocking service...turn these people in for makiing obscene phone calls. Link to comment Share on other sites More sharing options...
Aerovette Posted March 14, 2007 Author Report Share Posted March 14, 2007 first of all NO you can not be in trouble and you do NOT have to let her take the call (I am an employer as well).. you simply tell them she can not take calls during working hours..You tell her to send them a VD or C&D letter.. just depending if her debt is out of SOL.. either way both letters tell them they can not call and in the letters you stress that they can not call her work number during specific hours... then have her send it CMRR. IF they do call again they are breaking federal law and you can remind them of that fact.Once it is in writing the calls should stop.Thanks to the forum, I was able to inform her about DV letters and strongly recommended that she send one. I also told her that if she is 100% absolutely CERTAIN that the debt is beyond the SOL, send a C&D letter (otherwise, she will more than likely prompt a suit). My understanding is that they can make ONE LAST CALL beyond the date on the green card. Is that true? Link to comment Share on other sites More sharing options...
willingtocope Posted March 14, 2007 Report Share Posted March 14, 2007 My understanding is that they can make ONE LAST CALL beyond the date on the green card. Is that true?Sorta. I think the FDCPA implies that they can have one more conversation...with the object of their affections...to inform them of their intentions. In other words, they can keep calling you until they talk... Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 14, 2007 Report Share Posted March 14, 2007 Sorta. I think the FDCPA implies that they can have one more conversation...with the object of their affections...to inform them of their intentions. In other words, they can keep calling you until they talk...I wasn't aware of the last call thing but it makes sense.. they can communicate to tell you they are dropping it or they are sueing.. but from what I understand thats it.. i love the idea of sticking them on hold.. lol... boat horns work well too however it may disrupt your office.. lol.. remember you DO NOT have to put the call through... they can't do a thing about it.. they are just some private company who is trying to get a commission.. period Link to comment Share on other sites More sharing options...
divemedic Posted March 14, 2007 Report Share Posted March 14, 2007 I see several violations that you can sue for, and that is not even the ones the consumer can sue for.Violation one:Any debt collector communicating with any person(note that it doesn't say debtor, but 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; Violation twoA debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.violation threeA debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Link to comment Share on other sites More sharing options...
learlywine Posted March 14, 2007 Report Share Posted March 14, 2007 I am a Human Resources Receptionist at a mfg. company and I answer the switchboard, and have for 3 years. You would not believe the number of calls I receive on a daily basis. I can even recognize the voices. I used to take a message, and then I started asking if it was a family or a medical emergency (which it ALWAYS was) but for the last several months I simply tell them our employees are not allowed to receive personal/business calls at work and they will have to call them at home and I hang up the phone. If they call back I tell them the same thing and NO I will not take a message! I had one CA call & say "this is Sue and I'm a friend of Joe's and I really need him to call me and I'm at work and here's my number". Well duh, how many of your friends have 800 numbers? I sure wish I had discovered this board a long time ago, would have saved myself some money and some sleepless nights on my own personal business. Link to comment Share on other sites More sharing options...
LadynRed Posted March 14, 2007 Report Share Posted March 14, 2007 I had one CA call & say "this is Sue and I'm a friend of Joe's and I really need him to call me and I'm at work and here's my number". Well duh, how many of your friends have 800 numbers?One clown short of a circus on that one ! Of course, we all know that CA drones aren't the brightest ones. A couple of years ago a CA (I believe it was NCO) started calling my sister's house in NY ... I'm in TN !! This woman, a screaming harpy, caught my sister off-guard a couple of times by trying the 'friendly conversation' ploy, asking if I was 'home'.. I haven't lived in NY is over 20 years !!! Fortunatly, my sister didn't tell her anything and was smart enough to ask her own questions.. which is when the screaming harpy appeared. I'm sure they were pissed because they had no way of calling me (unlisted and unpublished numbers). Devious.. yes.. smart... nooooooooooooooooooooooo!! Link to comment Share on other sites More sharing options...
Aerovette Posted March 14, 2007 Author Report Share Posted March 14, 2007 violation threeThey said (and I know better) I just got a voicemail from her and I am returning her call. A flat out lie.They told me our company would be in trouble for not letting her talk to them (obviously from the posts, another lie)I asked her to speak to them long enough to get the full company name and an address. It's really the only way I can take care of it. It is 3:30 my time and they have called 4 times since 8:00 this morning. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 14, 2007 Report Share Posted March 14, 2007 that part about you being in trouble cracks me up.. what are they going to do .. arrest you.. geeshjust hang up and tell them the timing is not right or like one caller said put them on hold... they will hang up Link to comment Share on other sites More sharing options...
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