Sent two letters, today will be the thrid and one is still calling

[Raben]

What is the name of your state?TN

I have sent Alliance One 2 Cease communication letters and explained to them my current situation also in said letter and they are still calling me at my place of employment when it was strickly stated in the letter to NOT call place of employment.

What can I do? I'm fixing to add a note to the letter and state that this is the third time I am sending this to them and it will be the final letter. I work in a stressful position in a healthcare firm. My employers are getting alittle annoyed at this guy opting to the receptionist, and often at times just ringing random extentions trying to find a way to my desk.


What can I do? All the other collection agencies that I owe for have honored the letter. . .all but these guys with Alliance One.


Any suggestions? Thanks

 

[kopes]

Did you send the letters CMRRR? I sent letters via regular mail and they all ignored them until I sent them certified. Keep the green card and then let them know they are violating the law.

 

[cmorris]

Did you send the letter CMRRR?

This is a violation of the FDCPA. Send another letter to them explaining they are in violation of the FDCPA. Send it CMRRR.

TN is a one-party state. What state is Alliance One (don't have time to search) in? If Alliance One is also in a one-party state, try recording the call. If it is a 2 party state, the next time they call, say at the beginning you are recording the call. That should stop it really quick.

If they keep up, you may have a potential lawsuit.

Here is a site for state recording laws:
http://www.rcfp.org/taping/

 

[Raben]

Thanks.

Alliance One is out of San Diego, CA 92123


I'm going to again send this letter to them both fax and certified mail with the additonal information that they are at violation of law.


Thanks!!

 

[cmorris]

California is a two-party state. So, if they call again, do not record without their knowlege. But by stating at the beginning that it is being recorded, you should be good to go. However, if you do record (w/ their knowledge), it still may not be admissible in court. But it can let the CA know you are aware of your rights and you will do what you can to protect those rights.

 

[Ladynred]

Make this 3rd letter as stern as you can . Quote the relevant section of the FDCPA and tell them that if they do not immediately cease and desist all calls, you will file a complaint with the FTC, your State Attorney General (do this anyway !) and the California AG as well. Lastly I'd say that since they have willifully disregarded 2 prior requests, that if they don't obey this one, you'll file a lawsuit against them for their illegal activities. Be prepared to go thru with if if you use this threat.

§ 805. Communication in connection with debt collection [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.