Phone Calls

[baggs]

I am at my witts end. RMA is calling my work and speaking with my boss trying to get to me. I have told my boss who they are. I have sent a cease communications letter to them telling them I can't have phone calls like that at work and I have told them on the phone and they still keep calling. Is there nothing I can do to stop it? Should I send another letter? It is driving me crazy!!.

Baggs

[mixer99]

You have a clean cut case to sue for repeated violations of the Fair Debt Collection Practices act....I am assuming this is a collection agency. If you have sent a letter and have proof via the green card you received back in the mail from using certified mail return receipt, then get a lawyer and sue these guys. It is 1 grand PER violation. Them calling you after they have received the cease and desist letter is a violation each time. You could be rich! And I'm sure your boss would testify on your behalf.

[baggs]

Thanks for the reply. I am wondering if I should send another letter informing them once again that I cannot communcate by phone from work and they need to contact me through the mail. I also sent a validation to them to validate the account. What does anyone think about that?

baggs

[mixer99]

If you dont have a certified mail return receipt green card in your hand that was signed for by them, I would send another Cease and desist and request for validation. If they still keep calling and dont mark your account as in dispute, sue them. Any lawyer with credit experience would see this as low hanging fruit.

 

If you DO have a CMRR green card, then go ahead and talk to an experienced lawyer with credit experience...again, it's a grand a pop per violation. I WISH they would keep calling me LOL.

 

again, my advice is of the layman type...there are certainly more seasoned people on this board, but, I think it is pretty sound advice. Others, please help me in giving this guy some ideas!

[Pam]

You have a clean cut case to sue for repeated violations of the Fair Debt Collection Practices act....I am assuming this is a collection agency. If you have sent a letter and have proof via the green card you received back in the mail from using certified mail return receipt, then get a lawyer and sue these guys. It is 1 grand PER violation. Them calling you after they have received the cease and desist letter is a violation each time. You could be rich! And I'm sure your boss would testify on your behalf.

 

Actually the law says it's $1K per ACTION, not violation. ACTION=suit in the context used.

 

However, it is a violation of the FDCPA. If this were happening to me, I'd file:

 

[*]complaint with FTC

[*]complaint with ACA

[*]complaint with your state's AG

[*]complaint with their state's AG

[*]complaint with BBB

[*]send copies of all of the above to RMA, along with a copy of a lawsuit to be filed the next time your phone rings or your bosses phone rings and they're on the other end.

 

Especially if the account they're attempting to collect is past SOL. Although in the case of FDCPA violations, the underlying debt is a separate issue, meaning they're not supposed to be able to counter-sue for it, though they've been known to try.

[baggs]

Thanks everyone, I will take ya'lls advice and file complaints.

baggs