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How can I stop collections calls after DV?


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Brachfeld & Associates started calling me ~ 6 months ago. It was for a debt that I wasn't sure that was mine, so I told them to send me something through the mail, and I would deal with it at that time.

I did have business with the OC, but the balance was nowhere near what I may have owed. I truly do not know if I owe the debt, and even if I do, I question the amount. I sent a timely DV letter CMRR, and received the green card back.

They've recently started calling me again, without sending me anything (I have all cell phone statements to show these calls). Usually, these calls will be 10 minutes apart; I'll pick up, there'll be nothing on the line, I'll keep saying hello for about 10-15 seconds, and then I'll hang up. Usually I get two calls in the morning, and two in the evening.

What recourse do I have to stop the calls? I think I've done what I can with the DV letter. Does this constitute 'continuing collections'? I'm only interested in stopping the calls until they can show me who I owe, what for, and prove the balance (I am truly not sure I owe it).

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IMHO, you send a letter. Hit these points:

- You received a demand letter

- Within the 30 day period allowed by the FDCPA you disputed the debt and requested documentation

- They have not yet provided the requested documentation

- You have recently begun receiving phone calls from them (go into the details: what's happening, what number they're calling, how you know it's them, etc.)

- As continuing collection activity, they have violated the FDCPA

- The calls are harassing in nature, and as such violate the FDCPA

- Request that they comply with law by discontinuing the calls until they have sent you documentation.

If that doesn't fix things, talk to a lawyer from www.naca.net and consider suing them. If you can provide proof, it should be a slam dunk.

Good luck.


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We all know that asking for information on the telephone is not going to carry any weight as far as proving a violation goes; at least not without some significant corroboration.

The multiple calls may or may be harassment but I don't know if such a charge would fly in court...if the CA has never sent a dunning letter then that is obviously a violation but we have no idea if the OP may or may not have moved and/or if the CA has a correct mailing address.

I suggest that the next step is for the OP to get the contact address for the CA and start the DV process the right way (letter sent USPS CMRRR); perhaps taking the position that this is a "follow-up" request by citing what' was already asked for and when it was requested...if the initial phone calls were the first contact and if the OP's current address isn't an issue, then the OP can and should take the position that the request was "timely" (of course, whether it would hold up in court, should it get that far, is another matter).

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For Clarity:

I received a few calls from them. Told them something like, please stop calling me. Send me something in the mail, and I will deal with it at that time. They confirmed my mailing address, then I received a letter from them. It appears to be the first dunning letter including the "Federal law gives you 30 days after receiving to dispute validity..."

I sent the DV within 30 days of receiving the letter (although the date on the letter was ~ 10 days before I received it.

I will do as Robert suggests, and send a copy of the DV (although I know they received the first one, I have the signature card) with a 'nice' letter telling them to stop violating my rights or I'll pursue further action.

Thanks guys, and I'll let you know as I progress

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If you sent your DV within 30 days of their initial dunning letter and can prove it (and it sounds that way to me), then they've clearly violated and continue to do so with every call.

That said, I do think the next step is a "reminder" DV; referencing the fist adn reminding them that they are in violation of Federal law and asking them firmly to stop their collection activities until they validate the debt (again per Federal law).

Once they receive your follow-up letter, if they continue to violate, they you'll have to decided whether to take this further (court).

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Thanks again, Robert

I've been going through my cellphone statements, and in one month, I've counted 15-20 calls from them, each incoming (to me) of 1 minute in length (I'd pick up, say hello 3 or 4 times, hear nothing, and hang up). Does this correlate to 15-20 violations of FDCPA? Like I said originally, I'm not out to sue, but if it is 15-20 violations * $1000 per = $15-20k, I'm not against it :)

All of the money things aside, this has been very abusive. Getting a phone call in the middle of a meeting, excusing myself, picking up and hearing nothing, going back in just to get back up in 10 minutes IS harassment. I believe the financial penalty is the only way to make this CA stop at this point.

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I'm afraid that it isn't $1k per violation; it's up to $1K per action (per lawsuit); however, the more violations they commit, the stronger your case is.

I also believe that if you have provable damages you can get those awarded as well in addition to the $1K fine (your attorney fees for example).

Not to be to simplistic but why do you answer their calls at all?

Most cell phones today allow you to customize the ring tone for calls form specified numbers (including no ring tone at all) so I'd be inclined to simply never answer them and let them talk with your voice mail if they are so inclined. Their continued calls would still be violations but at least they wouldn't be bothering you. :)

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Robert, thanks again for your insight. It has been very helpful.

Why do I answer the calls? I'm in IT, and I receive calls all the time, and I answer my phone all the time, and don't always remember that 866-xxx-xxxx is the dumba** trying to collect a debt.

It's unfortunate that these CAs are able to harass people to no end, at the tune of 15-20 calls per month after a timely DV, and only POTENTIALLY lose a $1k fine. Such is life I guess.

Apparently my only recourse is to let them ring up my phone, ignore the harassment -or- spend all kinds of time to try to sue them for up to $1k, and then they can continue the harassment.... this sucks, and is probably how they get people to pay...:roll:

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