Debt Collector Misrepresentation in NC

[Sachi]

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

A law firm which I have learned is a debt collecting agency left a voicemail message on my phone saying he wanted to talk to me and my husband but me preferably about my 3 year old special needs son. When we heard the message it sent chills down our spine. We were terrified that a debt collector would involve our son who he called by name. He knows my son is innocent and have nothing to do with a debt that I had almost 10 ears ago well before i was married. My husband is furious because the company brought my son into it and obviously the firm did a background check. He didn't say he was collecting a debt or a debt agency just stated he wanted to discuss my innocent 3 year old son who has nothing to do with a debt collecting agency. He lied, misrepresented himself, and used my child. If this is their way of reaching out to me to get a debt it was fraudulent acts thru an innocent child who we have to protect against these predators. What can I do? Is what they did fair tactics? Can I sue? Can they be punished? Do I have a complaint to file? Do I need a lawyer?

 

[adjusterjack]

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

A law firm which I have learned is a debt collecting agency left a voicemail message on my phone saying he wanted to talk to me and my husband but me preferably about my 3 year old special needs son. When we heard the message it sent chills down our spine. We were terrified that a debt collector would involve our son who he called by name. He knows my son is innocent and have nothing to do with a debt that I had almost 10 ears ago well before i was married. My husband is furious because the company brought my son into it and obviously the firm did a background check. He didn't say he was collecting a debt or a debt agency just stated he wanted to discuss my innocent 3 year old son who has nothing to do with a debt collecting agency. He lied, misrepresented himself, and used my child. If this is their way of reaching out to me to get a debt it was fraudulent acts thru an innocent child who we have to protect against these predators. What can I do? Is what they did fair tactics? Can I sue? Can they be punished? Do I have a complaint to file? Do I need a lawyer?

That behavior is prohibited by the FDCPA Section 807 Paragraph 10:

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

And see Section 813 for what you can do about it.

Yes, you will probably need a lawyer if you expect to get this right. The FDCPA allows for an award of attorney fees in addition to damages. There are probably lawyers who specialize in going after debt collectors. Look them up and start making phone calls.

PS: I hope you kept the recorded voicemail. I suggest you make several duplicate recordings on to your computer and a digital recorder in case the phone message disappears.

 

[Zigner]

That behavior is prohibited by the FDCPA Section 807 Paragraph 10:

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

And see Section 813 for what you can do about it.

Yes, you will probably need a lawyer if you expect to get this right. The FDCPA allows for an award of attorney fees in addition to damages. There are probably lawyers who specialize in going after debt collectors. Look them up and start making phone calls.

PS: I hope you kept the recorded voicemail. I suggest you make several duplicate recordings on to your computer and a digital recorder in case the phone message disappears.

You may be right...

But the OP has no idea of WHY this person was even calling, other than wanting to speak with the OP.

 

[adjusterjack]

You may be right...

But the OP has no idea of WHY this person was even calling, other than wanting to speak with the OP.

"A law firm which I have learned is a debt collecting agency"

My guess is that the OP googled the number and the law firm and has a good idea why the person is calling.

 

[FlyingRon]

"A law firm which I have learned is a debt collecting agency"

My guess is that the OP googled the number and the law firm and has a good idea why the person is calling.

Or they googled the law firm name and found out it is just a front for the scumballs. I used to get messages and calls all the time from people pretending to be attorneys looking for a dead beat who had given my cell phone number as his employer. These people who appear to be lawfirms are just non-attorney front for the slime balls. Alas he FDCPA protects the dead beat not the innocent bystander. Even filing complaints with the police department down in the city and calling the president of National Recovery many times could not get them to delete my phone number from their records.

 

[Zigner]

"A law firm which I have learned is a debt collecting agency"

My guess is that the OP googled the number and the law firm and has a good idea why the person is calling.

Yes, it's quite possible, but it's also possible that this is an unrelated matter. Before going off and filing a lawsuit for a perceived violation of the FDCPA, the OP will want to find out if that's what this is really about.