Collection calls at office

[nythng4mygrl]

What is the name of your state (only U.S. law)? LA

I have had this guy calling my Assistant's direct line every day all day at least 5 times a day. She is on Long Term Disability currently, and I have explained this to the gentleman who calls here over a month ago. He continues to call and now calling her a deadbeat who needs to pay her bills, telling me to tell her she is getting sued and he will garnish her wages if he has to. It is some payday loan company and just earlier he called again (we have caller id) and identified himself as someone else from a different company and when I explained my Assistant was on leave, he told me to suck it. He has left threatening voicemails on our main switchboard, he has been interrogating my Receptionist as to my Assistant's whereabouts, her address, cell phone number, etc.... and we are getting tired of it.

I called the number back to ask them not to contact this office anymore, and they said they will not. It is not my right and responsibility, and they have the right since my Assistant authorized them to contact her at the office. I asked them for that in writing and they said it was confidential. I sent them a letter and copied the Federal Trade Commission requesting that they seize contact here at the office. Do they have the right to harrass me and my employees? I asked them to send her a letter if they were unable to get her on the phone and they said they don't do that. I told them that I would get our corporate attorneys involved if they continued calling here because they are harassing me and my employees personally and they have violated the Fair Debt Collections Act. Am I wrong?

 

[justalayman]

The first thing you have to figure out is if the FDCPA even applies. The FDCPA does not apply to first party collectors. Those are people/companies collecting on their own accounts.

If it doesn't, then you have to deal with this as you would any other nuisance caller situation. That may require a court injunction. There are very few limitations as to what a 1st party collector can do to attempt to collect their money.


If the FDCPA applies, you cannot step into the debtors place. If the debtor said they can call, as far as the FDCPA is concerned, they can call. It would seem the easiest thing would be for you to contact your assistant and ask if they would give notice to the collector to demand they not call their place of work. That is a debtors right.

The creditor has no reason to believe you are who you claim to be or that you have the authority you claim to have. This is why you need to get the debtor to take action.

the rest really isn't a matter of following FDCPA protocol.

Your rights, as the company controller, is the same as you would have if the FDCPA was not in play and that is, treat this party as you would any other harasser. I would suggest you invoke the aid of your legal department to deal with this issue.

He has left threatening voicemails on our main switchboard, he has been interrogating my Receptionist as to my Assistant's whereabouts, her address, cell phone number, etc.... and we are getting tired of it.

It appears you think highly of your assistant. Have you considered offering some assistance to your assistant so they may extricate themselves from this situation? You are quite disturbed by the collectors actions but you should understand that if your assistant does in fact have a delinquent debt with them, it is due to your assistants actions. They are merely trying to recover what is rightfully theirs and having known a few collectors personally, debtors can play a lot of games from their side as well. If you would watch a collector for a day, you would understand why they doubt what people tell them.

 

[nythng4mygrl]

Thank you. My assistant has been with me for 10 years. I am very aware of her situation. She was robbed and her purse was stolen. She had to change her checking account information and had emergency surgery. She has given the information to them, and they continue to call the office instead of her cell phone.

I am involved more in this situation due to the fact that this one person from that company is now starting to harass my associates and myself personally and that won't be tolerated. I just returned from the police station. I filed a report and submitted every recording this person has left. She has paid her debt weeks ago, and this guy is still calling. He is playing games now and has apparently broken the law in more ways than one.

I guess we will see how this pans out.

Thanks again.

 

[justalayman]

I just returned from the police station. I filed a report and submitted every recording this person has left. She has paid her debt weeks ago, and this guy is still calling. He is playing games now and has apparently broken the law in more ways than one.

good. I don't have a problem with a collector utilizing legal means to do their job but this is outside of the collections laws and edging into criminal law.


If the FDCPA is involved, your assistant would have civil actions available to her if she chooses to follow up on them. If nothing else she can make a complaint to the FTC.

https://www.ftccomplaintassistant.gov/

 

[nythng4mygrl]

Thanks for the info. I appreciate it.