Being called, repeatedly, for someone else's debt

[learningasIgo]

What is the name of your state?What is the name of your state?What is the name of your state? California

I have been receiving calls from one of the big 3 telephone and wireless phone companies for over a year regarding an unpaid balance for another person, despite their admitting that they had called the wrong person and promising not to call again. But they keep calling.

I spoke to them twice when they called me at home (woke me up one time, woke up sleeping baby the other), and I called back the number they left on my message three times, each time explaining that I am not the person they are seeking. Each time, the representative said she believed me and said that she took some step to correct their records. During one call (when I called them), we even discussed social security numbers to prove I'm not the person they sought.)

But, at least three of these efforts obviously didn't work, since I keep getting called, about once every two or three months in person, and they've left a message with my wife and at least five times on my answering machine. The second most recent time (two months ago), I was suspicious that the method the agent described would work and made a better suggestion, that she put a detailed entry into the collection log for the party in question, but she refused and said that her fix was fine.

Seems to me, the company is negligent since their internal account tracking software can't handle a simple change like this or they keep making mistakes. Last year, during one of the times I called them, they couldn't even locate the record in question because they could search only by cellphone number (which I don't have) and therefore said they couldn't help unless I knew the cellphone number. She said she can't search by home phone number. Now, I can understand that her system might not let her search, but SOMEONE in the company can do that search if they are sufficiently motivated. It might take twenty minutes from someone in their IT department.

The latest woman I spoke to said that she was sure that the records would be corrected, but couldn't guarantee no more calls until two to four weeks had passed. I asked her to make the fix immediate, and we had an interesting back-and-forth game, where she said that she had updated the record immediately, and if I seemed to think that it didn't sound very immediate because I might still get called, well that's my just my interpretation of what she said.

The whole thing makes me steamed, and I have spent over two hours of my own time on the phone with them, including waiting through prompts where I have to enter my cellphone number (which I don't have, since i don't have a cellphone with that provider).

Can this be made a civil suit with damages? Does it sound like something an attorney would take on contingency? Does it matter whether I have detailed notes about each date of call, or can the cellphone provider be forced to provide their records for scrutiny (costs to be assumed by the losing party in the lawsuit). Might I expect a settlement? Has this provider broken the law?

(I filed a complaint with the FTC.)

Thanks for any thoughts you have.

 

[Prpledrms23]

Have you tried getting into contact with a head honcho of the company, like the ceo or area director/manager?

 

[ambera55]

After speaking with a manager/higher up, I would also send a letter to them RRR explaining that you are not the person they are seeking (give them the details of their continuous calls and supposed "fixes", but I would omit your SS#) and to cease and desist the phone calls and all other contact. I don't really see any damages here, except for your time being wasted speaking with them, so I don't think you have a suit. Good luck.

 

[olgethorpe]

Who's calling?

If this is the OC calling, check your credit reports. If they appear on any of your reports, write them a letter an "Intent to Sue" letter CMRR explaining that you ain't the person they want, and that they are violating the FCRA by reporting known false information about you.

If this is a CA calling, do the same...but be sure and mention that the FDCPA also applies...

 

[JETX]

Rather than all the 'other' warm-fuzzy responses, I will try to answer your LEGAL questions:

"Can this be made a civil suit with damages?"
*** Yes. But only because anyone can sue almost anyone else over almost anything. The chances of your success in litigation is somewhere between nil and zero.

"Does it sound like something an attorney would take on contingency?"
*** No. Simply, you haven't suffered ANY real damages, much less enough to get an attorney to 'gamble' his fees on a suit. You might check to see if there are any outstanding class-action suits, but that would be extremely unlikely.

"Does it matter whether I have detailed notes about each date of call, or can the cellphone provider be forced to provide their records for scrutiny (costs to be assumed by the losing party in the lawsuit). Might I expect a settlement?"
*** In my opinion, no.

"Has this provider broken the law?"
*** Again, no. And before someone tries to yell FDCPA, it doesn't apply to the original creditor.

Your only real recourse is to try to file a complaint with your state 'utility' regulation agency.

 

[JETX]

but be sure and mention that the FDCPA also applies...

Sorry, but you are WRONG!!
The FDCPA only applies to 3rd party collectors. In this case, the calling party is the original creditor ("I have been receiving calls from one of the big 3 telephone and wireless phone companies for over a year").

 

[nissandave]

If it was me, I would threaten to call the FCC, FTC, and the state attorney general's office. Also, get their mailing address, send them a CMRRR letter stating that you are disputing that debt as not yours, you do not have any knowledge of that debt, and make a mention of all the times that you have been contacted regarding that debt. You may want to check your credit reports to make sure it is not on there.