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FBCS in PA spoofs # with a local area code, admits to it on recording


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I really enjoyed my coffee this morning.  :yahoo:

 

I get a call from my local area code. Computerized voice says, "Hello", cuts off, and then CA asks for me. I push record, they hang up.  I call the number back. It goes to the main line of FBCS in Pennsylvania.  I hang up.  Five minutes later, FBCS calls me back again using the same number which bears my local area code (206).  I immediately push record and have a nice talk with the guy.  Eventually I ask him where he is physically located.  He states they are in PA.  I ask him why the number that called me has a Seattle area code. He states that the calls are routed through local area codes but they originate in PA.  I tell him I'm a little rusty on Federal Law and ask if it's legal to intentionally misrepresent from where he's calling.  He says he's not sure.

 

Isn't phone number spoofing an FDCPA violation?

 

EDIT:  Not to mention TCPA, Truth in Caller ID Act of 2009.  They do not have a physical location in (206) area.

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Here's a prohibited practice from WA state law re Collection Agencies (and ends up being a per se violation of WA consumer rights acts, treble damages): 

 

(19) Intentionally block its telephone number from displaying on a debtor's telephone.

 

By transmitting a false number with the same area code as a purported debtor, the P.D. is more likely to pick up the phone.  This is a deceptive practice per WA Cons. Prot. laws, but not a de facto violation of the Collection Agency statutes, the arguement here being that transmitting a totally false number that suggests it's local from a physical location in another state is, in my opinion, intentionally blocking a telephone number.

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In the 111th Congress, Congressman Engel and Senator Nelson once again introduced similar versions of the Caller ID legislation, H.R. 1258. The bill was reintroduced in the Senate on January 7, 2009, as S.30, the Truth in Caller ID Act of 2009, and referred to the same committee.[7] The Senate and the House both passed their respective versions of the legislation, but on December 15, 2010 the House passed S.30 and sent the legislation to the President for a signature. On December 22, 2010, President Obama signed the bill into law. [8]

Under the bill, which also targets VOIP services, it becomes illegal "to cause any caller identification service to knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value...." Forfeiture penalties or criminal fines of up to $10,000 per violation (not to exceed $1,000,000) could be imposed.[9] The bill maintains an exemption for blocking one's own outgoing caller ID information, and law enforcement isn't affected.

 

You may have trouble with this part. There is no private right of action under this statute, either. There are also quite a few exceptions.  I doubt the FDCPA applies, and the TCPA would only apply if they made calls to your cell phone with an automatic dialer. Land lines are iffy, they may have a business relationship with you if they are calling to collect a debt. You didn't tell us much about the content of the call or what it was about.

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Guest usctrojanalum

Unfortunately, this is one of those things were the technology is well ahead of the law.  There really are no solid concrete laws on the books for this.

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