How to get info in writing from CAs and JDBs

[DontGetMadGetEven]

We are currently being hounded by telephone, both both CAs and JDBs for debts that are far out of SOL. These collectors never send postal mail, though, which we want them to. We are in California. Is there a way to demand that they contact by postal mail only? I've asked the callers for a mailing address before, and they've refused to provide it.

Also, we keep our landline turned on specifically for these idiots (and other people we don't want to talk to) to call. We never answer it unless we want to try to get info from them. The voice mail clearly states all of our names. It's the same phone number we've had for more than 10 years. Is it acceptable for collectors to claim they "can't find" us and call family members and others "trying to locate us" when they have a working number that can verify is ours? Can I get them for a FDCPA violation here?

[BV80]

CAs are allowed to get location information from family or friends, but they are not allowed to contact each one more than once.

15 USC 1692b Acquisition of location information

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall—

(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;

By not providing you a way to send a DV request, they've violated the FDCPA. BUT, you have to have an address in order to sue them. I'd file a complaint with the Dept. of Consumer Affairs in your state and provide the phone numbers from which the entities are calling.

You can also file a complaint with the FTC.

Many of these bogus JDBs and CAs are out of CA because they know you can't record the call without their permission. If you speak to them, tell them you don't owe the debt, that they are in violation of the FDCPA, and to never call again.

[DontGetMadGetEven]

But, are they allowed to contact outside parties to locate us, when they know already have our current address and telephone?

[BV80]

But, are they allowed to contact outside parties to locate us, when they know already have our current address and telephone?

The FDCPA isn't clear on that. You'd have a good argument for a violation considering they've already contacted you at your home. But, again, you can't use a violation against them if you can't locate them. That's why I suggested filing a complaint with your state and the FTC. If those JDBs aren't registered to do business in CA, they've probably violated state law, and the appropriate agencies might be interested.

[WhoCares1000]

OK, I do not know if you have caller ID or not but if not, get it. Then you can do an internet search to find out who is calling you and to find their address. From there, you can send a C&D letter.

Even if electronic recording is not legal, written records of a call are legal in all 50 states. Get yourself a simple spiral or composition notebook and records the details of each call and whether they have called a family member. Put in date, time, and phone number, the name of the person who you talked to, and what was said/discussed.

Finally, as far as calling family members, that is a gray area because all they will say is that they could not get a hold of you and it becomes your word against their word (again, the notebook is very handy to stop that). You family/neighbors/friends however can also send C&D letters to stop calls to them.

[DontGetMadGetEven]

We do have Caller ID, but I would estimate that at least 40%, possibly as many as 50% of these calls come in with spoofed ID's, such as "Operator 0" or, sometimes, they display OUR number as the caller's. More and more often, they are showing up as things like "WI cellular caller." Obviously, I've had no luck backtracking spoofed IDs.

[Coltfan1972]

Send them a letter letting them know your current address and phone number. Then tell them to contact you only by mail and you revoke any consent they might be relying on to contact you by phone.

You then have slam dunk violations if they contact a 3rd party as they have your location information. They can only call a 3rd party to gain contact info for you.

They call a 3rd party in an effort to shame you into paying and then hide behind they are just trying to find you. You can easily knock the legs out from that argument by putting in writing where you are. It appears they know anyway.

Also restrict them from calling you. The FDCPA says you have to demand they stop contacting in writing. It's a gray area if you can do a limit on calls but leave open to mailing. I say you can, but either way if you restrict calls, you have them slammed if they call you.

The reason why they don't put anything in writing is pretty simple, so they can lie and say they did not say or do what they actually did. In all fairness, there are many (might know a few on this site) that can pretty much pick any written communication apart and find legit FDCPA violations. You couple that with the collector can only be awarded atty fees if the lawsuit against them is deemed frivilous, and you don't have many collectors that want to put anything in writing outside a form letter.

I sued a JDB and it was over a one page letter. That was the only violation I sued over. It went through two courts, stretched for eight months with five hearings for oral arguments and enough paperwork to kill two trees. To say it spun out of control is an understatement.

I had the time of my life, loved every minute of it and would do it again, in a heartbeat. I had them nailed in writing. It was a dream come true. They would have easily said they did not say what they did if I did not have it in writing. The JDB'S and CA know there only weapon is fear and intimidation. They put that intimidation in writing, you have them nailed nine times out of ten. They do that intimidation verbally, they just deny it.

[DontGetMadGetEven]

Yeah, I spent years being trampled and intimidated by these guys after my husband died. Now, I'm p!$$ed and if there's a way to make them pay, I mean to take advantage.

[BV80]

Send them a letter letting them know your current address and phone number. Then tell them to contact you only by mail and you revoke any consent they might be relying on to contact you by phone.

The OP stated they won't provide an address. If you've ever dealt with any of these bogus agencies, they don't have any records of their existence. They don't register with the state, and most of the time, a search of their phone numbers won't pull up an address. I have an idea they move around alot to avoid being located.

[WhoCares1000]

If you answer the call, ask them for their company name and address. If they hem and haw, inform them that the FDCPA requires that they give that information to you upon request. Either that or if they leave a number to call, say in a voice mail, look up that number.

If they leave no call back number in the voice mail or on the caller ID, then consider it harassment and contact the phone company and see if you can have the call traced back.