Is it legal for a CA to use autodialing

[guiness56]

to call your work place?  One called where I work but a different section. Left a recording stating my name, account number, and phone number.  And all the other things they say.  Like they are a collection agency attempting to collect a debt.

I do not even know where they got that number.

[Anonymous]

it legal for them to call until you tell them to stop - did you ever tell them to stop?

[Anonymous]

There is certain information they can disclose to 3rd party persons. I would read the FDCPA. They could be in violation for sharing the information they have. It seems like they can't even share that they are attempting to collect a debt, but I can't remember for certain.

[guiness56]

Maybe your missing my point.  They used a recorded autodialer.  Nobody spoke with any one, they just left a message, revealing everything.

Demed - No I have not told them to stop as this is the first time it has happened. The question was, can they use an autodialer.

Sidewinder - I seem to recall the same thing.  They can not say they are a CA and attempting to collect a debt, only ask if you still work there.

[valley_man0505]

I know it is illegal for them to use autodialers to call a cell phone unless you provided them with that number (or if you listed that number on your original application with the OC).  The burden is on them to determine whether or not the number they are calling is a cell phone.  Other than cell phones, though, I don't know if there are any regulations on autodialers.

[guiness56]

I guess no one is really getting my point, except Sidewinder.  According to the FDCPA, a CA may only contact your place of employment to ask for your location.  They may not disclose any information about why they are calling and they can not state that you owe a debt.

So, if the use of an autodialer accomplishes those things, it would be illegal for them to use. 

They left a recording stating they were attempting to collect a debt, gave my name and account number.  As far as I can see, this is illegal.

[Anonymous]

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guiness56 wrote: They left a recording stating they were attempting to collect a debt, gave my name and account number.  As far as I can see, this is illegal.

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OUCH!!!
Oh yeah, that's illegal.

This is what you do:
1) Find your closest Harley Davidson store and find the thickest, sturdiest, metal-studded belt you can find.
2) Get into car and drive to CA's office (use MapQuest if necessary).
3) Bend them over their desk and spank liberally with belt and FDCPA.
4) Repeat as necessary (or as long as it feels GOOD).

Seriously, yes, yes, YES, that is illegal. 

BUT is the debt out of SoL? If so, I'd write them a C&D letter with a nice little violations clause (with an ITS cherry on top).

If you have it as a recording (and hopefully the recording has a time-stamp -- see if you can get a log of the office's phone calls, too, if you can -- it will just make your case tighter), don't even mess with the C&D, just send them an ITS stating that if they 1) send you $1K, OR 2) Remove any entries from your CRs,  you'll consider the matter resolved

[Anonymous]

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@guiness56 wrote:
According to the FDCPA, a CA may only contact your place of employment to ask for your location.  They may not disclose any information about why they are calling and they can not state that you owe a debt.

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Well, yes and no. They can call your employer to verify that you work there and they MUST identify themselves correctly (can't pretend to be your long-lost cousin). So in that sense, they are implying that you owe a debt -- otherwise why would a CA call your employer, much less ask whether or not you work there?

So name and "reason" for calling are allowed.

However, account numbers or other identifiers (amounts, OC's name, date of delinquency, etc) are NOT allowed. That would be a $1K fine (payable to you) for each offense, IANM.

[guiness56]

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@Anonymous wrote:

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@guiness56 wrote:
According to the FDCPA, a CA may only contact your place of employment to ask for your location.  They may not disclose any information about why they are calling and they can not state that you owe a debt.

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Well, yes and no. They can call your employer to verify that you work there and they MUST identify themselves correctly (can't pretend to be your long-lost cousin). So in that sense, they are implying that you owe a debt -- otherwise why would a CA call your employer, much less ask whether or not you work there?

So name and "reason" for calling are allowed.

However, account numbers or other identifiers (amounts, OC's name, date of delinquency, etc) are NOT allowed. That would be a $1K fine (payable to you) for each offense, IANM.

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They can state their company name but do not have to say a collection agency.  And they can not say we are attempting to collect a debt, which is the reason.  They would have to say a business matter or something like that.

 

§ 804. 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 correcting

location information concerning the consumer, and,

only if expressly requested, identify his employer;

(2) not state that such consumer owes any debt

§ 805. Communication in connection with debt collection

 

(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.

I have spoken with them by phone and they know not to call my work. 

[Anonymous]

OK Guinness, I get it now. You should remember that only what you write to them has any chance to stand up in court, where is your word against theirs.

However a recording of their autodial seems good enough to A. Complain to AGs in their and your home state, B. Complain to the BBBs in their and your city, and C. complain to the FTC.

Would I go to court seeking a settlement? - hmmm, probably not, but if I were really mad I would send them an ITS and see their response.