Premier Credit

[Ozark_Sophist]

What is the name of your state? Missouri

Twelve years ago, Mrs. Ozark_Sophist was raped and sodomized at gunpoint by her then boyfriend. She obtained a restraining order against him. She has had no contact with him since that time.

About a month ago, she started getting calls to her cell phone voice mail. She call the number back and found it was Premier Credit looking for her ex-boyfriend. She explained the circumstances and was told the calls would stop.

The calls have not stopped. Each message forces her to relive her experiences.

What are her legal rights to stop the harassment?

[quincy]

Oh, geez, Ozark - What a terrifying experience for your wife.

My only suggestion would be to sue Premier Credit - I am no attorney, so I don't even know what you would sue them for, other than mental anguish, emotional distress, or harassment. Do restraining orders work for cell-phone telephone calls?

I am just so angry that Mrs. Ozark_Sophist has to deal with this. Obviously wait for the attorneys to answer.

[Chien]

I’m so sorry to hear the reason that you’re posting here.

The basic response would be that the collection agency is allowed to make contact for the purpose of “acquiring location information” but, if it has reasonable doubt that information is truthful or is being concealed or subsequently changes, justifying another inquiry, they can call again. That would be their shield.

I’d make the FDCPA secondary. Kick the problem up the ladder. Give them a call and talk to a supervisor – the highest party you could reach. Get a name. Tell them that your wife has had a restraining order for 12 years and has had no contact and has no knowledge of the whereabouts of this person. I’d tell them that, if there was one more call, you’d see to it that the restraining order was extended to them and, if there was a single subsequent contact, the FDCPA would be simply a secondary consideration. You’d seek damages for violation of the Order, harassment and infliction of emotional distress. An FDCPA violation would just be added on for good measure.

Put the same thing in a letter and send it certified, RRR.

To tell you the truth, I haven’t research and don’t know if the restraining order could be extended, and I have my doubts for the first call. But (1) they have no reason to continue unless that could plausibly argue that the response to the first call was not credible and (2) I don’t expect them to know either. Bottom line: put the fear of the wrath of God into them and I expect them to step back. I’m thinking of the trauma for your wife dealing with the legal aspects of this again.

If they don’t step back, log the calls and I believe that you could establish an FDCPA violation. I would expect that copying them on a complaint letter to your attorney and the FTC to be enough. If it wasn’t, I think you’ve then laid the foundation to extend the Order to prevent attempted communications through your wife.

They’re relying on technology to repeatedly bring up your number, and the consequences are unforgivable.

[Chien]

On second thought, PM me if you want the name of the owner/president of that CA. I've never heard of it, but I may be able to develop a "real" telephone number as well.

[debtcollector`]

Originally Posted by Chien

On second thought, PM me if you want the name of the owner/president of that CA. I've never heard of it, but I may be able to develop a "real" telephone number as well.

Premier Credit
PO Box 19309 Indianapolis, IN 46219
866.808.7118

Todd Wolfe, President and COO
2002 Wellesley Blvd, Ste 100
Indianapolis, IN 46219-2458
(317) 869-0618
(317) 917-4852

David Hoeft, CEO


DC

[Ozark_Sophist]

Thank you.

Will post follow-ups.

[moburkes]

Sorry to hear about what she, and you, are going through.