Debt collector keeps calling my business cell number for a debt that is not ours

[We have no debt]

What is the name of your state (only U.S. law)? California

For about a year now, a company called Collections Bureau of America has repeatedly called my cell number, which is the number I've had for years for my small business (though is also used as an emergency number), demanding payment on a debt that is not mine nor my fiance's. (In fact, as my user ID says, we have no debt at all, don't even have credit lines, and you bet we're damn proud of this.) I don't know the person they are asking for either. I have spoken with these people and let them know this, and have been told repeatedly that they'll remove my number, which sometimes, only sometimes works for about two or three weeks. Then the calls start again. The calls are usually daily, though the most they've called in one day is six times. Usually the calls are no more than three in a day, and sometimes none for a few days. No matter how many times I speak with them and let them know that the person they are seeking is not available at this number and is not known to either of us, the calls resume.

What set me off today was I got a call and called back (it's an automated recording saying to call back to speak with someone), and the collector admitted that they have notes that this is the wrong number, but that "the company who holds the debt" keeps sending in the debt to them with my number on it, so they can keep calling.

Yes, he admitted that their system contains notes about speaking with me and that I've told them this is the wrong number.

So they are knowingly calling the wrong number.

I can't see how this can be legal, to knowingly call the wrong number, and to claim a right to do so.

It is actually disruptive to me to constantly check who's calling (as I said, it's my business number, so not even checking could lead to missing a client, and it's hard enough in the bridal industry these days without losing business for being "unreachable", and two close family members have been sick one dying this last weekend), to tell friends and family to hold on a moment while I rush to check who's calling, to quickly pull over when driving, only to see that it is them, yet again, and they know they are calling the wrong number. And the time it takes to call back during their business hours and sit there on hold, doing this about every week, does cost me time and it costs me money. Turning the phone off is simply not an option. I have a phone for a reason, and don't intend on using the voice mail as an answering service.

I need to know what I can do. I want them to stop harassing me!

[Tayla]

you could do any of the following.....

1: Have your number changed.
2: Get the companies mailing and send a strong worded letter certified mail.
3: Use the Block feature that some cell phone companies have for clients.
4: Retain your cell phone bills that have your log of incoming and outgoing calls....Ask the collector company to reimburse you for the charges you inccurred from speaking with them. They most likely wont but it would probably get there attention that they are calling the wrong person.

[racer72]

The answer you need:

1. Send a cease and desist letter, CRRR, stating that the debt is not yours and they are not to contact you again about the debt. If they do, sue them for violating the FDCPA. Google will help find many examples of C&D letters.

[We have no debt]

1. As I mentioned, business phone line. Changing the number would not only make it difficult for repeat clients to contact me if they've retained my current number, but there's be quite a cost to me to have all my business stuff with a phone number on it reprinted. It's a struggle enough to get by without having to spend a few hundred on reprinting, in addition to the potential lost business. Yes, I do have old clients who call me a few years later for a new order calling the number on my business card.

2. I've asked about their address, and they're "not obligated to give that information." I thought they were.

3. AT&T said they don't. I have a few good-for-nothing relatives I'd like to block as well.

4. I could try this next time, though they'll probably call me on it. How can I threaten to send them my cell bills for the time they're calling when I can't get an address?


Is there anyone I can report this company to so they can be fined or something?

[racer72]

Collections Bureau of America
25954 Eden Landing Rd.
First Floor
Hayward, CA 94545-3814

[haplesshome45]

What you are NOT doing is not logging those calls. Start a Collections Corp of America telephone contemporaneous call log and write down the date and time of each of their pre-recorded telephone calls. And make a list of the ones that are pre-log that you can remember or can get records of from your cellphone bills.

Now you go file suit. Nobody has the right to call you up "even once" to demand that you pay someone else's debt. These jerks have been wrecking your life so now it is time to collect for your damages. What they are doing is breach of "quiet enjoyment." While that is a concept that started out in the horse-and-buggy days regarding real estate (you cannot do something that impacts the quiet enjoyment of your tenant's use of the property you rented to them by holding drinking parties on their front lawn), I rather think you can stretch the concept to your quiet enjoyment of your cell telephone. Just because nobody has ever attempted to claim such a right of action does not mean that you cannot, or that you would not be successful. After all, cell phones are a new invention and the law has not quite caught up to the ramifications of those intrusions. And yes, CCA definitely has to pay your phone costs! They are a third-party intruder on your personal contract.

I would ask for substantial damages. Be sure to add in some other causes of action and then file an affidavit outlining all the calls and ask for summary judgment. That should be interesting.

Sock it to them.

[MrJenkins]

Originally Posted by haplesshome45

What you are NOT doing is not logging those calls. Start a Collections Corp of America telephone contemporaneous call log and write down the date and time of each of their pre-recorded telephone calls. And make a list of the ones that are pre-log that you can remember or can get records of from your cellphone bills.

Now you go file suit. Nobody has the right to call you up "even once" to demand that you pay someone else's debt. These jerks have been wrecking your life so now it is time to collect for your damages. What they are doing is breach of "quiet enjoyment." While that is a concept that started out in the horse-and-buggy days regarding real estate (you cannot do something that impacts the quiet enjoyment of your tenant's use of the property you rented to them by holding drinking parties on their front lawn), I rather think you can stretch the concept to your quiet enjoyment of your cell telephone. Just because nobody has ever attempted to claim such a right of action does not mean that you cannot, or that you would not be successful. After all, cell phones are a new invention and the law has not quite caught up to the ramifications of those intrusions. And yes, CCA definitely has to pay your phone costs! They are a third-party intruder on your personal contract.

I would ask for substantial damages. Be sure to add in some other causes of action and then file an affidavit outlining all the calls and ask for summary judgment. That should be interesting.

Sock it to them.

why do you still post

[Country Living]

And he posts to old threads to which the OP is long gone....

[haplesshome45]

Originally Posted by MrJenkins

why do you still post

Because we live in a society where people are encouraged to go to court to resolve otherwise unresolvable issues, rather than go out and get guns.

Just because you, as a rich senior Member, are not oppressed by these jerks with their automatic dialling machines does not mean that the rest of us are not suffering for this outrageous and callous abuse of technology. So the OPs have these alternatives: (1) roll over and stick four paws in the air like some dead dog; (2) scream at their spouse; (3) pay someone else's debt money to CCA to make them stop; (4) rise to arms; or (5) file suit.

I would encourage anyone who is being abused under these circumstances to file suit. And that is because I have been there. That's why I post.

[haplesshome45]

Originally Posted by Country Living

And he posts to old threads to which the OP is long gone....

But you're still reading...

Remember, this is still a general information forum, all manner of others in the similar boat who are NOT filing as OPs are out there. The thread is out there, and folks continue to click on them. That's why.

[debtcollector`]

Ok, and you are still wrong.

In fact, there wasn't a single correct piece of advice on this entire thread.

DC