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Another question on robocalls


bevj2
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Hi all,

There is this collection company, ERS Solutions, who has been calling my cell phone for months, leaving pre-recorded messages on my voice mail. I have saved many of them, and they number over at least 15 (of the ones I saved). Now, I have spoken to a CSR at that company, and explained that the account they are collecting on is not mine, I have never had an account with the company, and the dates they say the account was opened are wrong - I didn't even live in the area where they said the account was opened up from! I have not sent any written correspondence, and I NEVER gave them my cell number. I have no idea how they got it. They are also reporting the collections on my credit report - twice in the past I disputed with the CRA's and each time the collections were taken off, only to show up again in another month or two.

My main question is.....should I write a nice formal letter to the company pointing out the many violations (citing TCPA), explain to them the evidence I have, and tell them I intend to file suit unless they are willing to settle out of court? I can't really afford an attorney at this time.

I searched through all the posts regarding robocalls, but could not find a situation similar to mine. Any/all thoughts, suggestions, and advice would be welcome! Thanks in advance!!

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I'd write 'em a letter and indicate you are willing to settle.

Here is a start:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=302841&highlight=TCPA

Yeah, I read through that more than once, and I guess what I'm really asking is if I need to first send a "cease and desist" letter, or can I just hit 'em with a suit?

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I have a class action going riht now against them for robo calls to my cell. They will ignore your letters including cease and desist. They will also fight any suit to rediculous levels. The only way they will stop calling is when they receive a summons. I would make recordings of the messages on your phone and any letters you have gotten and go see a NACA lawyer. Since you are in Ohio you can not join the class action I started.

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Well, I contacted an NACA attorney yesterday via email, and was called by a paralegal in less than an hour. We spoke at length, and I gave her the whole story. I was told the attorney would be contacting me today, that she was definitely interested in my case. Hmmmmmmm.....

Kent, is your case in UT? Has suit already been filed against them?

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Then there is this one:

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=298988&highlight=tcpa

Ditto on the watson case. The watson case does concern land lines which is different than your situation because you say that the collector has been calling your cell phone. But the important thing that the watson case brings up is the privacy section of the tcpa. You'll note that the consumer was granted treble statutory damages due to the consumer calling and informing the collector that they had the wrong person but the collector continued to call.

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Thanks for the links...I had also read through those and since these calls are being placed to my cell phone, and I have never given this number to the CA (heck, the number's not even a year old), there is absolute liability with no question. The attorney I contacted is wanting me to create some documentation (timeline, situations, etc) and I am talking again with her tomorrow. I'll keep you guys posted. :)

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Kent, is your case in UT? Has suit already been filed against them?

No, it was filed in Washington State before I moved to Utah. Since I regularly travel to Washington on business it has not been difficult to continue the suit, but it is now over 2 and 1/2 years since original filing and they continue to fight tooth and nail. I believe if that case had of been filed as an individual action they likely would have settled a long time ago, but since it is a class action they are going to fight hard.

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I don't know if you have been to debtorboards but here is a link directly to their TCPA forum:

http://www.debtorboards.com/index.php/board,108.0.html

I think you've already done a search on this site for "TCPA" and probably have found a ton of threads also.

There is a wealth of information all over the internet for the TCPA. You might even try going to Bud Hibb's site, myfaircredit.com.

It's like going to a variety store...one store has something that the other one doesn't.

Come back with any useful information you find.

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