the problem with the posters here other than ron and DC is they are not living in the real world. While their is a courts action available, it is a real pain in the ass to have to deal with it and usually not worth the time to take it on. As DC stated, threatening a collector is not going to phase them. They hear it all the time and rarely is the threat carried out.
In a perfect world, the responses would be great. We don't live in a perfect world.
Now, how might it go down when the collector does call the phone number previously held by the debtor and now held by the OP? If what they say makes it clear to the OP that the collector is looking for someone else, such as by using the real debtor's real name (the collector would be covered for bona fide error of disclosing a debt because of the phone number change), then the OP only needs to tell them about the phone number change. After that, any further calls fall under 1692b. Maybe 1692c could be applied if the collector thinks the OP is now the debtor. To the extent that 1692c applies, 1692c(c) can be used. 1692b has 1692b(3).
a collector can use the debtors real name. How the hell else are they supposed to get hold or or information for the real debtor. They can call anybody in the world they believe can provide information on the debtor and use the debtors real name. It is the further information that is restricted.
If the collector is NOT making things clear, such as saying "YOU owe $xxxx", then they are operating in a different way, and 1692c most likely is the applicable section. I don't think it really came down that way, though.
Um, by saying "YOU owe $XXXX", without having the actual debtor on the phone (and the actual debtor identifying themselves as the person intended to be contacted so the collector can claim they did not disclose protected information to a person other than the debtor), they are violating the FDCPA.
§ 804. Acquisition of location information [15 USC 1692b]
Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --
(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;
(2) not state that such consumer owes any debt;
(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;
If the collector calls back after being told the phone number is incorrect, that alone is a violation of the FDCPA unless they can claim sub 3 applies.
again, attempting to sue is a pain in the ass and often not worth the trouble. I would suggest making a report to the FTC and and state agency if there is a state version of the FDCPA in play.
I have a different way of dealing with collectors such as this though. My phone number was used by a deadbeat that wrote bad checks (I'm guessing she loved buying Christmas presents as that is when most of the calls came in). She used my phone number and unless she was Grandma Moses and doing this for a long time, she wasn't old enough to have it before me. I had it near 25 years.
If they did not accept my report of her using my phone number and I had no idea who she was, I start playing games. Yes, it takes time and can be a hassle but it can also be fun.
Once I realize who it is, I often start with:
can you hold? I'll be right back.
then we start the game of what I call: terminal hold
the object of the game it to see how long you can get them to wait to speak to you. I ask if they will hold. I then set the phone down. Give it a couple minutes and come back. If they are still on the line, ask them to hold again. You'll be right back. Check back in a few minutes, if you remember. Continue until they hang up. If you have caller ID, you can call them back and start all over. My record is 25 minutes.
game 2:
what's for dinner
ask them to hold. Set the phone down. Ignore them from then on. Start speaking to others in your house about whatever comes to mind. Speak loudly enough so they can hear you. Asking the wife what's for dinner is a good conversation starter; we having potatoes with the chicken? What kind? Mashed? Are we having gravy? and on and on.
If you like, you can make comments about that stupid collector waiting for you on the phone.
No idea what the longest anybody has waited for me to come back. I eventually check and they have hung up some time prior to me getting back to them
game 3: whoops
when they call, ask if they will hold. Gently and oh so quietly hang up the phone.
If they call back, explain you were somehow disconnected. Ask if they can hold. Again, quietly hang up the phone. repeat forever
game 4: date night
I start conversations with the collector. Where are they? What's the weather? Eventually you can get to: you sound cute. Care to go on a date? Heck, you would be amazed how you can sway an unfocused collector into conversations about so many different topics.
game 5: I'm writing this down
when they call, tell them you need to write everything down because your memory isn't so good. Never had a person tell me to get lost at that point. Then, when they start talking, I let them get out 3 or 4 words. I start to slowly repeat what they said about the speed I would be writing. When they get the 3rd or 4th word out, I tell them to hold on, they are getting ahead of me. Then, after I slowly repeat their words, ; go ahead, I'm ready. Three or 4 more words and: hold on, I'm writing this down.
of course you are writing down nothing. You would be amazed how long they will try to get out their entire conversation.
for fun, you can claim you spilled something on your paper and they need to start over from the very beginning since what you had is now not readable.
if they get through their entire spiel, tell them you have never heard of the person they are talking about and to not call back. If they do, well, we start over. Choose whatever game you like.
Many collectors make a percentage or bonus. If you are wasting their time, they are losing money.
