recieving harrassing phone calls for someone else

[colormeruby]

I would like to thank everyone in advance for taking their time to respond to my query this morning. About a month ago I started receiving phone calls from a particular CA. And let me say, I am not Diane XXX, nor do I know such a person. The CA would call 6 times in a row morning and night. when I picked up the phone, the message would start in a British accent and state "this is an important message for Diane XXX, this is a very important business matter and is not a solicitation call, . . . press 4 if you are not Diane XXX" I did press 4 more than 10 times, but that did nothing. Then I started hitting any button that would connect me to a person, but the would take under 10-15 seconds to just hang up on me. So then I called them back trying to get an address to send a cease and desist letter to (of course I didn't say that when I called) but they shuffled me around, put me on hold or just hung up on me. I never could get the address out of anyone.

One time they put me on hold, and when finally it connected with another person, it was someone else on hold for the CA who then started yelling at me as if I were them. Poor guy was yelling at me about how "I had levied his account, He never heard of me, etc" He was VERY surprised when I finally got him to calm down and realize I was also another "victim" and not the CA. I told him he needed to get smart and where to go to get some answers and take these D-bags on.

Finally I did spend 9 mins on the phone with a "supervisor" at the call center for the CA and told him what had been occurring, and that I needed it to stop. I also said, "google this # and tell me what you see" he replied " OH! I see your website, and all your photos and YES I can see that you are NOT Diane XXX, I will remove your # from the system, and from the skiptracer system so that we won't bother you again."

So I guess you can all figure that lasted 2 weeks and last night the calls started again. So here's my questions

Do I send a simple cease and desist letter informing them they are calling the wrong person? Then let them violate

OR

Do I send them a C&D with a detail filled statement, call log, and specific federal and state violations with a notice of intent to sue upon any other violations?

I will not hesitate to call my own Attny, to handle this crap.

I have internet phone so EVERY call to and from is logged. Pretty clear cut.

Love to hear what you all have to say!

Edited September 17, 2010 by colormeruby

[Guest usctrojanalum]

short and sweet and to the point is my motto.

[WhoCares1000]

When I get the message of "This call is for so and so only" and there is no other way to talk to a human except to say I am so and so, they I go that route. They are already violating the law by that message so I do not care. I just want to talk to a human.

Once they think they have so and so on the phone, first thing you ask for is company name and address. They are required to give that out so insist on it before talking about anything. If they keep hanging up, to a google trace on the phone number or have the phone company do a trace.

As for the C&D letter, simple and sweet. I am not so and so. I want you to stop calling me.

What happens is that there is a small loophole in the FDCPA regarding 3rd parties where they can claim that they believed you were lying to them and as such, are allowed to call back because they felt you had some information. The C&D blows that argument to shreds. Always send that as a 3rd party before trying to sue.