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  #1  
Old 06-11-2003, 07:55 PM
KatesMom
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Phone calls from collection agencies


What is the name of your state? AZ

My neighbor stopped by yesterday (a neighbor I very rarely talk to) and said that some company claiming to be a "call center from out of state" called them telling them they are trying to get ahold of me (gave my name). The lady told my neighbor, "I KNOW you are their neighbor and I want their phone number". My neighbor was suspicious and did not give out any information.

Is this legal??? Has anyone had problems with this??
  #2  
Old 06-12-2003, 08:56 AM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Has this CA ever called you before ? Have you received any letters from them ??

Using your neighbor as a messenger service, if they already have your location/contact information IS illegal, a violation of the Fair Debt Collections Practices Act (FDCPA). Good for your neighbor in NOT giving the CA any information, they are such scum. The are allowed to make calls to aquire location information but they are not allowed to disclose anything about the nature of their call or discuss your business with anyone.

You should read the FDCPA and get real cozy with it, its your best friend when dealing with collection agencies.

[url]http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm[/url]

You should also read this site, its by a lawyer and has great info on dealing with CA's:

[url]http://www.pennlawyer.com/fdcpa.htm[/url]

Just out of curiosity, who's the CA ??
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #3  
Old 06-12-2003, 09:47 AM
KatesMom
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Ladynred, this CA called and talked to my husband, who several times, told them our financial situation and that we have no choice but to file bankruptcy. It was two days after that, that this company was bugging my neighbor. I've had this account for quite a few years and always made the payments on it until my husband was injured and out of work for 5 months. They do not have my current phone number, but they got ahold of my husbands cell phone number. (And THEN were bugging my neighbor) I have no clue what the name of the CA is..all I know is they are associated with Sears. I have never received anything from them in the mail. The last piece of mail I received about this account, was a billing statement from Sears.

Thanks for the information. I will definitely be checking out the links you provided!

Thanks.
  #4  
Old 06-12-2003, 10:33 AM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Since they DO have your contact information, then that BS of contacting your neighbor IS an FDCPA violation.. and you can nail them for it if you so choose.

If this is for Sears, the CA is most likely RMA - Risk Management - a thieving bunch of thugs who will violate the law with abandon. Document all calls, keep all letters (they're already in violation if you've received nothing in writing after their first contact !).

AZ is a one-party state. That means you can record all calls from them and you do NOT have to tell them you are recording. So, if you can, record the calls too, they will get rude, abusive and nasty .. more FDCPA violations.

When was the last time you paid Sears ?
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #5  
Old 06-13-2003, 11:42 AM
KatesMom
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Posts: n/a
Ladynred, thanks again for your helpful info!

I believe the last time I paid Sears was in January..that is when my husband injured himself at work and we had no income at all that month..(dealing with Workers Comp is a whole other issue!!) LOL

Thanks for your time!
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