FDCPA issue

[arizonaone]

Hi. I am new to the forums and apologize if thus question has been answered in the past.

I live in Florida and have been receiving voice mails.from a collection agency threatening me with file legal paperwork. The first few times they threatened to file in Broward county where I lived years ago and just recently changed it to Brevard where I currently live. Other messages are.from someone claiming to be a courier and needing to confirm my address in order to serve me with papers. If I don't call they threaten to serve me at.work. Note that I am currently unemployed and have been for a while.

I am pretty sure that it is against the law to threaten me with any type of.legal action unless it is something they definitely plan on doing.

I am pretty sure they have.no intention of doing so as these messages have been going on for.months.

I should add that I have never receiclvex any letters from this agency.

Please let me know if what they are doing is in fact against the FDCPA laws and if I can report them and if I did if my.complaint would be taken seriously.

Thanks for your help with this.

[arizonaone]

I.apologize form the.misspellings as this was typed.on my cell and thought I had proof read it better

[RobertEG]

FDCPA 807(5) states that it is a violation for a debt collector to make

"The threat to take any action that cannot legally be taken of that is not intended to be taken."

Perhaps the fact that they have made such threath in the past without having taken any action can be asserted to show lack of intent to take such action.

A bit of a stretch in my opinion, but you could make that assertion.

You can either bring your own legal action for asserted violation, or send a formal complaint to the CFPB.

[Anonymous]

Next time they call pick up the phone and simply ask for their physical address so your attorney can serve them for the FDCPA violations they have *repeatedly* committed. Don't say anything else, just that. The silence on the line will be deafening.

This is a scam, and it seems to be very common in FL.

[Anonymous]

Yes, they are violating the FDCPA, by using threats of legal action when it is obvious that they have no intention to do so, because if they did you would have been served for real. Did you google the phone numbers they are calling you from to identify the debt collector? As mentioned above there are scams that do this and you cannot get scammers under the FDCPA. If this is actually a debt collector doing this, you need to do the following asap: do not delete any of the messages from them, save the messages and take photos of the caller id showing the numbers they called from. Then contact a consumer law attorney that works on contingency (meaning that you do not have to pay them anything up front). They will take you seriously and if not call another attorney. Don't delay on doing this, there are time limits. The debt collectors will continue harassing you for years to come if you do not take action now to put a stop to it.

[dledo]

As a collections manager for a finance company I can also tell you this.  It is a violation to leave a voice mail on any phone that can imply that you owe a debt.  The FDCPA laws now are incredibly tough.  Basically all you are allowed to leave in a message now is something along the lines of "Mr. / Mrs So and so please call (company name) at such and such phone number.  The premise of this is because you dont know who will hear that message.