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Can collectors call a work phone???

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Anonymous
Not applicable

Can collectors call a work phone???

My husband has an old student loan that is in collections.  Every once in a while they call him, and the last couple of times they've called his work cell number.  This phone is owned by his employer, so his name is not attached to it in any way.  They had to have called his employer or something to get the number.  The name of the CA is American Credit Control, just in case anyone knows anything about this particular company.  The first time they called his work cell he told them it was a work number, and they said they thought it was his home number and that they would remove it from their list.  They just called again today, and he told them that he already informed them that it was a work number.  They gave him the same story - "We thought it was a home number, we'll remove it from our list."  He told them that that's the same story they told him last time, and that he had recorded the first conversation, so he'll see them in court.  He didn't actually record any conversations, but the guy got really nervous and apologetic.

 

Does anyone know anything about this?  How do we respond to this?  Can CAs call work numbers?  How do we make them stop?  We're in the process of cleaning up old accounts and rebuilding our credit, but it takes time to save enough money.  We don't have the money to PIF right now, but we probably can in a couple months.  Any advice would be greatly appreciated!

Message 1 of 6
5 REPLIES 5
Anonymous
Not applicable

Re: Can collectors call a work phone???

yes they can call a work phone.  he needs to send them a written request to not contact him by phone otherwise they will continue to do it.

 

be careful threatening people with recorded calls.  the state i live in only requires 1 person to know the call is being recorded (obviously it's the person doing the recording) but not all states are like that.

Message 2 of 6
guiness56
Epic Contributor

Re: Can collectors call a work phone???

§ 805. Communication in connection with debt collection

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt—

 

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock antimeridian and before 9 o’clock postmeridian, local time at the consumer’s location;

(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

                  (3) at the consumer’s place of employment if the debt collector knows or has reason to know  that the consumer’s employer prohibits the consumer from receiving such communication.

 

If they are told not to contact him at work, no, they can not continue to do so.  It does not have to be in writing. 

 

They can contact 3rd parties for location information but can not divulge any information as to why they are calling.

Message Edited by guiness56 on 06-11-2009 11:48 AM
Message 3 of 6
RobertEG
Legendary Contributor

Re: Can collectors call a work phone???

+1

There is an alternative you might want to consider.

FDCPA 805(c) permits you to send a cease communications letter to a debt collector, after which they must cease all communications.  However, the FTC has issued an opinion letter stating that conditional cease communicatins letters are acceptable.  So you can send them a cease communications letter, requiring the cessation of all communications with the exception of written communications sent to your address.

Message 4 of 6
Anonymous
Not applicable

Re: Can collectors call a work phone???

It is stressful enough to receive phone calls from a CA, it makes it 100% worse when they call your office.  So a big hug to you and hubby because I completely understand.  I once had a collector call my LANDLORD (we have the same address).

 

Collection agencies may not communicate with a debtor during an inconvenient time or place. The FDCPA states that only appropriate times to contact the debtor are between 8 a.m. and 9 p.m. Additionally, the collection agency cannot communicate with anyone other than the debtor.  

 

You have a right to request a collector to stop calling your place of employment.  In fact, you have a right to ask them to stop calling you, period.  About 5 years ago when things were bad my phone was consistanly ringing off the hook at home all day, every day.  It got to the point where I would take the phone off the hook or turn off the ringer.  But then I learned I coud ask them to stop calling me.  On all my DV requests I added a line similiar to "I prefer to do all my comunications in writing.  Therefore, please make note to my file that all phone communication must cease immideatly.  You may not call me at my home, place of business, cell, or any additional phone number you may have on me."  Let me tell you, it is so nice to have those phone calls stopped!!!  I honestly can not remember the last time we received a cal for a collector. 

 

There is only one downside to using that statement.  As per the Fair Debt Collection Act, they are required to stop all communication with you, either via phone or in writing, if you request it.  Once you request it they may only contact you again to communicate an intent to file a lawsuit or other specific legal action.  If the collector takes you up on your no more phone call request, it may interpret it under the FDCA law to cease all communications, which in turn would me they have to sue you in order to get any results.  That’s why I use a generally based statement such as above requesting stops on the phone calls, so they will not misconstrue it as the FDCA law.  So far that statement has worked for me and none of my collectors have sued me.  My husband, who had 12-15 accounts in various collections, was never sued either as a result of that letter (we did go to court with a collector but it had nothing to do with that statement, court proceedings was before it).   

Message 5 of 6
MarineVietVet
Moderator Emeritus

Re: Can collectors call a work phone???


@Anonymous wrote:

It is stressful enough to receive phone calls from a CA, it makes it 100% worse when they call your office.  So a big hug to you and hubby because I completely understand.  I once had a collector call my LANDLORD (we have the same address).

 

Collection agencies may not communicate with a debtor during an inconvenient time or place. The FDCPA states that only appropriate times to contact the debtor are between 8 a.m. and 9 p.m. Additionally, the collection agency cannot communicate with anyone other than the debtor.  

 

You have a right to request a collector to stop calling your place of employment.  In fact, you have a right to ask them to stop calling you, period.  About 5 years ago when things were bad my phone was consistanly ringing off the hook at home all day, every day.  It got to the point where I would take the phone off the hook or turn off the ringer.  But then I learned I coud ask them to stop calling me.  On all my DV requests I added a line similiar to "I prefer to do all my comunications in writing.  Therefore, please make note to my file that all phone communication must cease immideatly.  You may not call me at my home, place of business, cell, or any additional phone number you may have on me."  Let me tell you, it is so nice to have those phone calls stopped!!!  I honestly can not remember the last time we received a cal for a collector. 

 

There is only one downside to using that statement.  As per the Fair Debt Collection Act, they are required to stop all communication with you, either via phone or in writing, if you request it.  Once you request it they may only contact you again to communicate an intent to file a lawsuit or other specific legal action.  If the collector takes you up on your no more phone call request, it may interpret it under the FDCA law to cease all communications, which in turn would me they have to sue you in order to get any results.  That’s why I use a generally based statement such as above requesting stops on the phone calls, so they will not misconstrue it as the FDCA law.  So far that statement has worked for me and none of my collectors have sued me.  My husband, who had 12-15 accounts in various collections, was never sued either as a result of that letter (we did go to court with a collector but it had nothing to do with that statement, court proceedings was before it).   



 

 

This isn't exactly true. FDCPA 804 says:

 

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—

 

(1) identify himself, state that he is confirming or correct ng location information concerning the consumer, and, only if expressly requested, identify his employer;

 

(2) not state that such consumer owes any debt;

 

(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;

 

(4) not communicate by post card;

 

(5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and

 

(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney’s name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to the communication from the debt collector.


So a debt collector can comunicate with ohers but with these restrictions.

 

 

 

 

From a BK years ago to:
EX - 3/11 pulled by lender- 835, EQ - 2/11-816, TU - 2/11-782

"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".

 

Message 6 of 6
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