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Freakin' Portfolio Recovery!


justagirl003
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Somehow these people have gotten my cell phone number! Grr! I knew I should'n't have answered it when I didn't recognize the number. I asked how they got my number. The woman claims that it's on the record and listed as the home number and she added, "we don't go looking for phone numbers." I almost laughed at that but didn't....instead I hung up. They're trying to collect on an old credit card that is beyond it's SOL and then some. Isn't it a violation of some kind to call you on a number that was never provided to them? Heck, I've only had this number for 2 1/2yrs now.

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Somehow these people have gotten my cell phone number! Grr! I knew I should'n't have answered it when I didn't recognize the number. I asked how they got my number. The woman claims that it's on the record and listed as the home number and she added, "we don't go looking for phone numbers." I almost laughed at that but didn't....instead I hung up. They're trying to collect on an old credit card that is beyond it's SOL and then some. Isn't it a violation of some kind to call you on a number that was never provided to them? Heck, I've only had this number for 2 1/2yrs now.

There's been debate about this. According to the Telephone Consumer Protection Act, they cannot call your cell without "prior express permission". The FCC issued a ruling that states that it would be up to them to prove you provided your number to them or to the OC.

That being said, if you don't want them to call you anymore, send a cease and desist letter. Tell them they do not have permission to call your cell and to never contact you in any manner again, unless it is in writing to inform you that they are closing their files or taking legal action.

If they continue to call after that, and if you have the means to record the call, answer a time or two just to record the call so you can show they were calling from that number. After that, just keep a log of the calls and get an attorney.

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It's been my experience to use a cheap cassette recorder with a built in mike, and just put my cell on speakerphone. Right after they deliver the mini miranda, I give them one of my own telling them that " This call IS being recorded, and any information WILL be used in any legal procedings.". That usually stops them dead. If it does, make sure you record the date and time of the call. Some times it pisses them off and they end up committing a few more FDCPA violations, all caught on tape!!

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The debt is Out of Statute? If so you have several options:

1. If you don't ever want to hear from them again simply send a letter CMRRR stating that pursuant to FDCPA you are invoking your legal right to tell them to never contact you again about this. They are allowed to contact you ONCE more to tell you what they plan to do. After that, whenever they contact you, you simply sue them for the FDCPA violation. Each phone call will end up costing them $1,000 if you sue fast enough and often enough.

2. If you just want the collector off the phone, just say "hold on while I turn on my tape recorder..." I am sure they will hang up immediately

3. If you want to play with them like they are a fish, ask them what they plan to do if you don't pay... and just hope they mention the words "sue" or "garnish". Either one would be a FDCPA violation bringing a lawsuit from you.

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I have a law suit against PRA (going for class action). It is a violation to use an autodialer to call a cell phone. If you never gave them your cell number they are liable for $500 to $1500 per call. I sent a C&D letter letting them know that the 4 calls to my cell phone are $1500 each and I will see them in court. They have never called me again and deleted the neg from my CRA's. If you find a lawer in your area, I'm sure they would love to take your case. Good Luck.

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