They've got the wrong person and are calling my clients!

[kimberlywrites]

What is the name of your state (only U.S. law)? TX
I'm a freelance journalist with some big clients. Twice today, much to my great embarrassment, a collection agency has called one of the major newspapers I write for, asking for me. I received these messages and called them back - indeed, they have someone by the same name, but different address and different SSN. They apologized. Then it happened again - tonight, later, calling one of my editor's home phones! Obviously I better pull my credit reports and see what's going on, but is there anyway to get these people to stop calling my clients/editors????

 

[justalayman]

If it is about a bill that is not yours; no, there is nothing you can do about a case of mistaken identity.

If you have a bill in colllections; yes, you can pay your bill

 

[kimberlywrites]

If it is about a bill that is not yours; no, there is nothing you can do about a case of mistaken identity.

If you have a bill in colllections; yes, you can pay your bill

I don't have anything in collection, never have. I work hard to pay my bills and obligations. I have an excellent credit rating but now I'm concerned this case of mistaken identity is going to screw it up on my behalf.

 

[justalayman]

If you haven't recently done so, you should review your credit report at at least one of the major credit reporting agencies. If all is well, I would continue to monitor it regularly.

 

[kimberlywrites]

If you haven't recently done so, you should review your credit report at at least one of the major credit reporting agencies. If all is well, I would continue to monitor it regularly.

Thanks, JAL. I just pulled the reports, and there isn't anything unusual on them, thank goodness. I was 'robbed' a few years ago (in front of our city's Mayor, during a hurricane recovery meeting, with his bodyguards at the door...but that's another story) and immediately put an alert on my credit reports, because the dude had my bank cards and ID. Fortunately nothing happened. Can I do the same for a situation like this?

 

[cosine]

I don't have anything in collection, never have. I work hard to pay my bills and obligations. I have an excellent credit rating but now I'm concerned this case of mistaken identity is going to screw it up on my behalf.

Actually you can do something about a case of mistaken identity. Write to the company causing the problems, and point out the errors to them, and the damage it is causing to you. Ask them how they are going to "make me whole" over this matter. Send it CMRRR. If they don't fix it up and stick to it, then tally your losses and costs and hire an attorney to sue them.

Then get to writing.

 

[justalayman]

Actually you can do something about a case of mistaken identity. Write to the company causing the problems, and point out the errors to them, and the damage it is causing to you. Ask them how they are going to "make me whole" over this matter. Send it CMRRR. If they don't fix it up and stick to it, then tally your losses and costs and hire an attorney to sue them.

Then get to writing.

So, you can sue somebody because they called you and your employer because you have the exact name, or at least matching to the information they have on hand.



You also realize the OP is a freelance writer which means they are self employed and the people the collection agency are not actually considered an employer, in terms of the laws involving this, right?

I just can't wait to hear what your basis for a claim is here.

Now, if there was continual contact after they were notified the OP is not the same person the CA is looking for, even though the name matches, I could see a possibility there but as stated; no, nothing, no claim, not a chance.

 

[cosine]

So, you can sue somebody because they called you and your employer because you have the exact name, or at least matching to the information they have on hand.

If all they did in those calls was normal collection effort, there is no damage. But calling an editor's home phone. That smells oh so much like harassment. If that causes damages, then the victim certain needs to sue, and sue big.

You also realize the OP is a freelance writer which means they are self employed and the people the collection agency are not actually considered an employer, in terms of the laws involving this, right?

I just can't wait to hear what your basis for a claim is here.

if they call non-employers and ONLY do so for location information, without revealing it is a collections call (whether mistaken identity or not), then no damage. But again, it depends on what they said in the calls. If they ask for how to reach the OP and nothing more, that's fine. If they ask "gimme that deadbeat bitch's phone number, now", then there's really big trouble for the collector, and deservedly so.

Now, if there was continual contact after they were notified the OP is not the same person the CA is looking for, even though the name matches, I could see a possibility there but as stated; no, nothing, no claim, not a chance.

If there are damages, she should sue. I don't see how correctly legal calls would rile things up like this. So I am suspicious.

It seems like from some wording by the OP that the calls are repeating. That's in violation realm already.

Maybe she needs to do some writing about abuses in the collection business.

 

[cosine]

Thanks, JAL. I just pulled the reports, and there isn't anything unusual on them, thank goodness. I was 'robbed' a few years ago (in front of our city's Mayor, during a hurricane recovery meeting, with his bodyguards at the door...but that's another story) and immediately put an alert on my credit reports, because the dude had my bank cards and ID. Fortunately nothing happened. Can I do the same for a situation like this?

Search for your own name online and see how many other people have the same name. Then judge how likely it might be that someone looking for someone else with the same name, when that someone else is trying to evade debt collectors, would run across information leading to you. In your search, see how much presence you have relative to others. The collector may have latched onto you.

See if you can get more info about these calls. Suggest that you are looking into a possible stalker (it's a plausible story). Find out exactly who the caller is by all means you can (even "investigative reporting" angles). Find out their attorney's name, too. Send a letter to BOTH the company and their attorney saying not to call or communicate ever again. Send it certified with return receipt request. Then if they call again, sue them.