So..Is this a viloation of FDCPA (3rd party disclosure)?

[MB34]

THis is the message left on my homw recorder...

 

"MB34, If you aren't MB34, there will be a 3 second pause for you to disconnect. By continuing to listen to this message,

you are acknowledging that you are MB34. You should listen to this message alone as it contains personal information.

There will now be a 3 second pause for you to insure privacy. This is Becky from CA, this is an attempt to collect a debt and any information obtained will be used for that purpose. Please contact us at 1-800-328-7448, reference # 666"

 

How would this not violate 3rd party disclosure? They cannot assume that the person hearing the message will

1. hangup, 2 stop listening, or 3. is actually MB34.

 

I want to send them a strongly worded letter pointing out that they are in violation and would like clarification of the

matter...

[Dolemite_73]

Send them a letter specifying that they are not to call you on your phone at anytime. They are only to communicate to you via US Mail. When they call you again, not only will you have an FDCPA violation for violating a C&D, you will also have a TCPA violation for a CA calling you after you rescind their right to do so.

[unleashedfury]

Yes I got one of them too, Only once they left a message on the machine, I never personalized mine for that reason. However I got the same thing Hi we are looking for unleashedfury Used my full name, if this is unleashed fury please remain on the line this is remit acceptance corp. a collection agency with a matter for unleashed fury. if you are not unleashed fury please hang up.

 

It makes me wonder if they got the wrong # and left my personal info on somebody elses machine is it a violation of my privacy rights? especially since its a medical collections, secondly the phone is not in my name its in my wifes name she never changed it over from her maiden name, so how could they definitley track it down???

[MB34]

Anyone else have any opinions on the course to take, here?

[pryan67]

I personally feel that it's a violation...since many VM systems don't allow you to delete a message until after it's finished playing...

 

also, they know, or should know, that anyone that DOES get that message that's not the consumer would listen anyway...it's human nature....

 

 

I'd fire off a limited C&D and DV letter to them...unknown debt type letter

[Niteraven]

Wouldnt there be another violation if the OP was to wait 5 days to see if this party sends them something in writing as required by the FDCPA?

[MB34]

We have received the notices by mail AND my wife has spoken to them on the phone, against my wishes.

 

Pryan67, you mean by limited C&D, one that says contact by mail only, correct?

[pryan67]

yes....contact only by mail...

 

 

 

when did you receive the first notice from them...and what did your wife tell them?

 

 

who's the CA, how much are they asking for, and what sort of "debt" is it? How old is it?

[MB34]

when did you receive the first notice from them...and what did your wife tell them?

who's the CA, how much are they asking for, and what sort of "debt" is it? How old is it?

 

Not sure, maybe a month or so ago. She setup payment arrangements on at least one of the accounts,

there are apparently several with them, They are all in her name, medical bills from an emergency

appendectomy in Dec 2007.

 

We know we owe and can pay but had problems due to a layoff last year and having trouble getting

back on track. We just don't like the heavy-handed tactics and I wouldn't mind getting paid some to

help pay off the debt by helping them commit violations. ;-)

 

I will send the Ltd. C&D for each account and see what transpires.

[GEORGE]

C&D works for a little while

 

I get recorded calls all the time (have on and off for 20 years)

 

I can't get their numbers to ever work on CALLER REJECT with my local phone company

 

Sad part is...I DON'T KNOW THE PEOPLE THEY ARE TRYING TO COLLECT FROM

 

Try telling a RECORDING it has the wrong number

 

Is it my job to call them and tell them anything???

 

One C&D letter I told them "IF" they send me a check every month

for $XX.XX (the basic cost of my home phone...no LD) they can call all they want

Edited January 24, 2009 by GEORGE

[MB34]

I can't get their numbers to ever work on CALLER REJECT with my local phone company

 

Truth in Caller ID Act of 2009 (Introduced in Senate) - S.30 http://thomas.loc.gov/cgi-bin/query/z?c111:S.30:

Let's hope that it passes!! The last two attempts have failed.

[GEORGE]

I can't get their numbers to ever work on CALLER REJECT with my local phone company

 

Truth in Caller ID Act of 2009 (Introduced in Senate) - S.30 http://thomas.loc.gov/cgi-bin/query/z?c111:S.30:

Let's hope that it passes!! The last two attempts have failed.

MY OPINION...I PAID FOR THE PHONE and SERVICE and CALLER ID

 

Your phone number doesn't show...MY PHONE SHOULD NOT RING

 

I do get PRIVATE NAME/NUMBER REJECT (*77)

[pryan67]

I can't get their numbers to ever work on CALLER REJECT with my local phone company

 

Truth in Caller ID Act of 2009 (Introduced in Senate) - S.30 http://thomas.loc.gov/cgi-bin/query/z?c111:S.30:

Let's hope that it passes!! The last two attempts have failed.

 

 

 

anyone that votes AGAINST that should be tossed from office

[MB34]

Your phone number doesn't show...MY PHONE SHOULD NOT RING

I do get PRIVATE NAME/NUMBER REJECT (*77)

 

Hey, I'm not disagreeing with you, I would love for that service to actually work like that.

However, I believe the service is to filter out callers that have used the opposite

service that allows them to HIDE their caller-id from the callee.

 

I'd speak to the phone company to find out for sure.

[GEORGE]

Your phone number doesn't show...MY PHONE SHOULD NOT RING

I do get PRIVATE NAME/NUMBER REJECT (*77)

 

Hey, I'm not disagreeing with you, I would love for that service to actually work like that.

However, I believe the service is to filter out callers that have used the opposite

service that allows them to HIDE their caller-id from the callee.

 

I'd speak to the phone company to find out for sure.

"IF" anybody calls me with a PRIVATE NAME/PRIVATE NUMBER my phone WON'T ring...and they get a recording to un-block their number and call again

[MB34]

Your phone number doesn't show...MY PHONE SHOULD NOT RING

I do get PRIVATE NAME/NUMBER REJECT (*77)

 

Hey, I'm not disagreeing with you, I would love for that service to actually work like that.

However, I believe the service is to filter out callers that have used the opposite

service that allows them to HIDE their caller-id from the callee.

 

I'd speak to the phone company to find out for sure.

"IF" anybody calls me with a PRIVATE NAME/PRIVATE NUMBER my phone WON'T ring...and they get a recording to un-block their number and call again

 

I'm not disputing that the service works for you for those types of numbers. I just know that it DOES NOT work for UNAVAILABLE or NO NUMBER PROVIDED calls

and that seems to be what most CA calls come through as.

[MB34]

Here's the C&D I'm sending to them:

 

To Whom it May Concern:

You are hereby notified under provisions of Public Laws 95-109 and 99361, also known as the Fair Debt Collection Practice Act, that your services are no longer desired.

1.) You and your organization must CEASE AND DESIST all attempts to contact me by telephone on all numbers listed on my account in order to collect the above debt. All communications MUST be by mail. Any attempts to contact me by phone will be in violation of this order and will result in my immediately filing a complaint with the Federal Trade Commission and my state’s Attorney General’s office. I will pursue all criminal and civil claims against you and your company.

2.) Let this letter also serve as your warning that I utilize telephone-recording devices in order to document any telephone conversations that I have with collection agencies.

3) The messages left by you on my telephone answering machine are bordering on violation of §805(b) of the Fair Debt Collections Practices Act concerning Communication with Third Parties. I have been recording them for evidence and will be consulting with the FTC about these potential violations.

4) Furthermore, if any negative information is placed on my credit bureau reports by your agency after receipt of this notice, this will cause me to file suit against you and your organization, both personally and corporately, to seek any and all legal remedies available to me by law

Since it is my policy neither to recognize nor deal with collection agencies, I intend to settle this account with the original creditor. 

Sincerely,
MB34

 

BTW, there is nothing in the TFC concerning 3rd party disclosure except

Sec. 392.301 
(3) representing or threatening to represent to any person other than the consumer that a consumer is willfully refusing
to pay a non disputed consumer debt when the debt is in dispute and the consumer has notified in writing the debt collector of the dispute;

 

I really wished there was some more teeth in the TFC about this.

[willslindsay]

Thanks for sharing your limited C&D letter. Does anyone know where there is a sample for a limited C&D for CELL PHONES?!?! I'm looking all over the web and this forum and haven't found much. Maybe I'm blind.... but I NEED to get these people to quit calling my cell phone. I use the phone for business as well and it is really quite annoying. Especially the messages about case # blah blah but they won't tell me what company they work for or what its all about.

 

Thanks

[jack1212]

Thanks for sharing your limited C&D letter. Does anyone know where there is a sample for a limited C&D for CELL PHONES?!?! I'm looking all over the web and this forum and haven't found much. Maybe I'm blind.... but I NEED to get these people to quit calling my cell phone. I use the phone for business as well and it is really quite annoying. Especially the messages about case # blah blah but they won't tell me what company they work for or what its all about.

 

Thanks

 

That letter covers cellphones and ANY calls, period. Youre fine.