Multiple FDCPA violations! WOW!
FDCPA 805(a) states:
"Without the prior consent of the consumer given directly to the debt collectior of express permission of a court of competent jusrisdiction, 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 should be known to be inconvenienct to the consumer.
In the absence of knowledge of circumatances to the contrary, a debt collector shall assume that the convenient time for communication
with the consumer is after 8 o'clock AM, and before 9 o'clock PM, local time at the consumer's location."
FDCPA 806(2), (5) and (6) state:
"A debt collector may not engage in any conduct the natural consequences of which it to harass, oppress, or abuse any person in connection with the the collection of a debt. Without limiting the general applications of the forgoing, the following conduct is a violation of this section:
(2) the use of obscene of profance language or language the natuural consequences of which is to abuse the hearer or reader.
(5) causing a telephone to ring or engaging any person in telephone conversation repeatedly of continuously with the intent
to annoy, abuse,or harass any person at the called nimder.
(6) except as provided under section 804 (which relates only to contacts with third parties), the placement of telephone calls without
meaningful disclosure of the caller's identity."
If they are in your credit report or have sent you a collection (dunning) notice, then you should have their correspondence address.
Send them a cease and desist all communications letter under FDCPA 805(b) and (c).
If they are NOT in your credit report, or have not yet provided you collection (dunning) notice, then their very first call to you was an "inintial communication" with you under FDCPA 809(a),which triggered their legal obligation to have provided you dunning notice with 5-days.So they also be in violation of FDCPA 809(a).
That is an extremely serious violation of the FDCPA. The main intent of the FDCPA is to permit you to address the asserted collection activities of debt collectors with knowledge of their identity. Conducting debt collection activities without clear advisement of their identity, and your rights to contest those activities, is the heart of what the FDCPA protects. You should not be forced to surf around the net, or come to sites such as this, to try to find out who they are.
A letter of complaint with the FTC is definately warranted. So send one. However, to be honest, the FTC is not noted for prompt or serious action on individual consumer complaints. So so dont expect any immediate assistance from them. Contact with your state AG might, if they are currently invesitgation similar complaints, get more immediate action by the state, without you having to handle it all yourself by independent civil action.
I like the additional idea of filing a police repport. Tell the police you are have no knowledge of any debt with this harassing party, and thus you assert their communications violate federal law, and further alledge the specific violations of the above-referenced sections of federal law, even if the alleged debt had been yours.
The police will probably have NO idea what you are talking about, but must take your report. Put a copy of that police report in your files. That will become very useful if and when you choose to bring any civil action against the debt collector. PARTICULARLY if they then post to your CR.
If they do post to your CR, then you can take that police report (called an "identity theft report" under FCRA 603(q)), and file it with the CRAs under 605B, along with your statement that the information is not related to any transction with you. This will requrie the CRA to then block that posted information from your CR.
Starting Score: EQ: 583 TU: 623
