How can I stop repeat collection calls for a 10+ year account and verify agency?

[seekinghelpinfl]

What is the name of your state? Florida

Hello,

Thank you in advance for your reply / help. I would like to know what my rights are to stop phone calls from a business that "claims" to be a Law firm inquiring about a credit card debt that is over 10 years old. The caller claims to be working for a Law firm and denies that it is a collection matter (more of a "fact gathering" phone call). It is for a credit card that I thought was settled years ago. It was due to identity theft but I have no records of it ... Regardless, it is over 10 years ago and it does NOT appear on my credit reports. Also, this company/law firm has NOT contacted me by mail or in any other manner other than phone calls.

I have talked to one of their representatives only once but I have received many messages on my answering machine telling me they are "The law Firm of ABC, their 800 number and to call them with the case number" ... When I spoke to them once I briefly told them I, to my recollection, have never had the card they reported to me, that I contacted the issuer and agency years ago asking them to verify my signature (identity theft) and that it was over 10 years ago and it has been settled to my recollection. This "law firm" sounds like a collection agency in disguise trying to collect on a debt that should not even be my concern nor should it affect me. Am I correct in thinking this?

I plan to call them from a pay phone during one of my travels (so they don't get my # on their 800 service). What can I say, in brief to let them know I do not want them to contact me by phone -- Any other phone calls will be considered harassing and, that if they truly have a legal matter that pertains to me, that they should mail me all details. IF they do NOT have my address, then I plan to NOT give it to them because, if this was truly MY case then they would have that information already.

Is the above within my legal rights? Is there anything I left out or anything I should amend? Am I correct in thinking I should NOT give them any other information other than my desire to have them never call again? Am I correct in stating that they should contact me by mail but I do not have to furnish them with an address if they do not have it? Please give me your full advice on the subject. I do not want this company to resurface the nightmarish credit repair events from years past.

Once again, thank you for your reply.What is the name of your state?

 

[ecmst12]

Isn't it illegal for them to say that it's not a collection agency if it is?

 

[Chien]

OP - don't call - write (CRRR)

Get the address to "prove identity theft" and then send them a cease and desist letter. No more calls or letters. You could also remind them that the whole thing is beyond the relevant SOL. And, if you have something that shows identity theft, you can include that as well, but as little current, personal data as possible.

 

[Chien]

Isn't it illegal for them to say that it's not a collection agency if it is?

Is this rhetorical? Where and how is it established that a CA is calling, rather than a law firm? If it's a law firm, is it illegal to say it's a law firm?

 

[seekinghelpinfl]

Responding to ecmst12 and chien

Isn't it illegal for them to say that it's not a collection agency if it is?

Thank you both for your replies.

Actually, I do not know if it is illegal or not -- This is an answer I would like to establish. But I do know it is quite annoying and seems extremely deceptive of them to call me and introduce themselves as a Law Firm that is just researching a legal matter. As I mentioned in my original post, the only one time I spoke to them by phone they introduced themselves as "Law Firm 'ABC"" (not really their name) and referenced a credit card account that was over 10 years old. This card, as you mentioned, has certainly passed the SOL and should be irrelevant (Even though, at that time 10 years ago, I contacted the agencies and the issuer to close the card and to send me proof of application/signature because it was not mine and likely an identity theft matter. I never got a response nor proof from them.) Unfortunately, other than my recollection, I have no written proof of this. But, it has been over 10 years and has not appeared on my credit report for at least seven years.).

So, is it illegal for them to represent themselves as a Law firm and NOT a collection agency? Does it really matter? Is researching their legitimacy even relevant to me because all I want to do is have them stop calling?

Regarding Chien's comments, I have never received an address from them nor a letter. the only communication I have had is by phone and an 800 number of theirs. I am assuming they don't even have my address otherwise they would attempt to annoy me through that front as well.

Chien: What do you mean by "get the address to prove identity theft"? If I don't have a mailing address to mail them a "cease and desist" letter, then do you suggest I call them to get their address? (I will call form a pay phone, of course). I am sure they will be stubborn and they will try to get information from me ... But I will be concise and direct to ask for their address. I will also ask them to stop calling because the phone calls are causing hardship and I consider them harassing (is this the correct approach). If I do not call them to get the address then I will continue to get their calls.

Would you be able to show me an example of how my letter should read .... Or what language I should use by phone and by letter? What happens if they refuse to give me their address? Do I just tell them to stop calling (as mentioned before)? What regulation should I quote that legally gives me the right to stop them from calling otherwise they are open to be sued or fined?

Thank you.

 

[bdancer]

When you call them, ask them for a mailing address -- tell them you need it to send them proof of identity theft. Then mail the certified, return receipt letter telling them to cease and desist.

Law firms can be collection agencies and collection agencies can have lawyers on staff. So it's perfectly legal for a law firm that does collections to identify themselves as a law firm.

 

[seekinghelpinfl]

Reply to BDANCER

Hello BDANCER,

Thank you for your reply. it is very helpful.

I realize it is lawful for a law firm to call regarding a collection but, is it lawful for them to not disclose that it is for purposes of a collection? They could call it a "fact finding phone call" but when they verbally deny it is for collection purposes isn't that unlawful or, at the very least, unethical? I am just curious.

Well, I suppose it is a moot point because I plan to send them the cease and desist letter. Should I add a line that says "Any further contact by phone, by mail or any other means will be considered harassing" and "The account or claim in question is irrelevant because the statute of limitations has long passed."?? Any help on exactly what language i should put on the letter will be appreciated.

Thank you once again.

 

[Chien]

Guess I was too esoteric. You got the gist:

Does it really matter? Is researching their legitimacy even relevant to me

bdancer got the picture.

If you just want them to stop, the rest isn't really relevant.

This site will give you examples of all the letters you'll need:
http://www.creditinfocenter.com/
Mix, revise to your specific needs, but mail; don't call. They'll cooperate, if they think they're making headway. Just don't settle for a P.O. Box, because you can't get your signed delivery receipt, unless it's a private P.O. Box.

 

[seekinghelpinfl]

UPDATE: What do i do now?

UPDATE: This frustrating saga continues ....

I waited until today, Monday, to give this so-called Law Firm / Collection agency a call. Luckily, I have their real number on caller ID and did NOT use the 1-800 number they provided (I used a calling card so they do not have my number). Anyway, I cordially and calmly requested the mailing address of their law firm so I can mail documents pertaining to my case ... The receptionist / first caller seemed very fearful that I asked for this information (truly, she did).

She transferred me to someone claiming to be a manager but he refused to give his name. I made the same request and he completely evaded the question. He kept trying to get information from me that they should already have if this was a real legal matter ... He kept wanting personal information before giving me the address I requested. After asking him for the 18th time (not exaggerating) he just hung up on me ... Once again, without disclosing his name nor his address.

As mentioned before, I have two phone numbers for them, I have the name they claimed their company to be and I have the city/State where they claim their offices are at. I did reverse telephone searches, directory searches and GOOGLE but I was NOT able to find their company or listing anywhere. However, I was able to find an interesting PDF document from a State other than Florida, Office of Consumer Credit Regulation, filing a Cease and Desist letter to the same name law firm (Let's call them ABC Law Firm) that will not allow them to ever attempt collections in their entire state due to the fact they are unlicensed and the "attorney" on file that attempted such collections is NOT even an attorney. The document further reports that they go by several similar names "ABC Law Firm" and the city they did business in 2005 is about 2 hours away from the city they claim to be in now. However, PO Box address in the document is likely not current.

So, the plot thickens.

What should I do? It seems as though I will have to wait until they call me again. I can do my BEST to NOT give them ANY additional personal information and I can once again ask them for their mailing address -- But, from their actions today, I doubt that they will give it to me. Should I just verbally tell them that because they are not providing me with an address I am verbally demanding them to cease and desist from calling? Any further calls will be considered harassment? This seems like my only option ... or is it? Please send any ideas.

Also, given the document I found from another state, they may not even be legally licensed. How can I contact my own state's (Florida) Consumer Credit Regulation office to see if they are in violation of any Debt Collection Practices?

Once again, as of now, the "legal matter" they claim to be calling about is for a credit card that is over 10 to 12 years old ... It has since long passed the SOL. My credit reports DO NOT have it listed. But, what would happen if this company is stupid enough to list it? What recourse do I have?

OK, I will await your knowledgeable replies.

Thank you.

 

[TigerD]

I was going to write a reply that addressed every point in your post. However, after getting halfway through it, I decided that you need professional help.

DC

 

[seekinghelpinfl]

Update #2

I felt compelled to call again and I finally got a PO Box from them. This PO Box matches the PO Box address and company name of the Cease and Desist filing by the "Consumer Credit Regulation" of a different state. As I detailed before, the state stopped them from EVER attempting any collection in their entire state because; (1) They did not have the proper licensing and (2) the "attorney" on file for the company was NOT even a licensed attorney in FL or anywhere. They face heavy fines if they aver attempt collections in that state.

After I got the address from what seemed to be a regular "cold-call" employee, I asked for their physical address. Once again, the representative said she could not provide that. For curiosity, i asked her to furnish me with their state license # ... This really caused panic and I wask quickly transferred to an "office manager" that was quite animated and told me to "consider the matter seriously" then he hung up without giving me a word of edgewise .... I could only smile -- It was all quite amusing.

Well, from the sound of it, the soc-alled "Law Firm" is likely unlicensed and basically bottom feeders that try their luck at collecting on accounts that are way past their SOL regardless of their nature (identity theft, like my own).

So, here are my TWO questions -- I hope you can answer either one or both:

(1) What is the contact phone number (or where can I find it) for the FLORIDA Office of Consumer Credit Regulation that assigned to administer Florida's Fair Debt Collection Practices Act? I would like to contact them and report these jokers ... Who knows how many other individuals are falling for their scheme.

(2) Now that I have their PO BOX, should I bother with sending them a CEASE and DESIST letter? As I mentioned before, they DO NOT have my address -- All I know that they have is my name and phone number (plus their "file" number for me). So, if you recommend sending the Cease and Desist letter certified, then should I ONLY include information I know they have? In other words, only my name and file #.

Thank you.

 

[FLMommy]

Personally I don't think you should even send them anything. It just all sounds too fishy, especially after you did your research. Don't send them anything is my advice...
And get an unlisted phone no. or an attorney and sue them for harassment.

 

[Ladynred]

(1) What is the contact phone number (or where can I find it) for the FLORIDA Office of Consumer Credit Regulation that assigned to administer Florida's Fair Debt Collection Practices Act? I would like to contact them and report these jokers ... Who knows how many other individuals are falling for their scheme.

Call the FL Consumer Affairs office. You can look it up on the State web site:
http://www.myflorida.com/

(2) Now that I have their PO BOX, should I bother with sending them a CEASE and DESIST letter? As I mentioned before, they DO NOT have my address -- All I know that they have is my name and phone number (plus their "file" number for me). So, if you recommend sending the Cease and Desist letter certified, then should I ONLY include information I know they have? In other words, only my name and file #.

You want to get rid of them, send them a Cease and Desist letter telling them to get lost, the debt is time-barred. Send it certified, RRR and keep copies.

File a complaint with the FL State AG and the FTC.

 

[seekinghelpinfl]

Thanks, great advice ... Re: the Cease and Desist letter

I already found a few links and samples in this site and others on how a Cease and Desist letter should read. But, I always welcome more advice.

(1) Please include any links to references or samples of "Cease and Desist" letters. They will help me write my own (and others reading this post with a similar problem).

(2) For future reference, what shopuld I do if a company refuses to give me their mailing address OR if they do NOT accept my registered letter (returned to sender)?

Thank you.