Mortgage Servicer keeps automated dailing "by mistake" after requests for removal

[johninred]

Wells Fargo was calling me 5x per day even though I was in constant communication with them about payments that are behind. They asked at the beginning of every call "may we contact you with an automated dialer" I *always* answered NO. I'm happy to take their calls if it's a human calling me because the dialer would leave voice mails on a cell phone (my only phone) and cost me minutes.

Calls stopped for a while except for the occasional real rep but then one day they started again...automated. I called and they refused to believe I didn't authorized the automated system and they took me off. 2 weeks later, same thing again. I demanded that they take me off again because I should have never been on. They do but demand that I must have authorized the automated dialer again.

It happens yet again and I demand to speak to a supervisor and they send me to voicemail and I never get a call back (obviously).

What law or regulation protects me from this? I'm having a hard time finding anything on the internet but surely they are doing something against the law here.

Before I sound like an irresponsible slacker looking for an easy way out, let me reaffirm that I take full accountability for my past problems, I'm trying to work with them and I'm happy to work with real humans, just can't afford 5 minutes/day taken from my $25/month Virgin mobile cell phone.

I'd like to send them a certified letter stating which law they may me breaking to hopefully have them deal with me directly or collect what penalties may be due to me.

Thanks for your help and assistance. Just about ready to file chapter 13.

[lrprn]

First, I'm assuming that you haven't filed bankruptcy - true? If you haven't filed bk, then read on.

You can try sending a certified, return-receipt letter stating clearly and concisely that you do not give Wells Fargo permission to contact you in any way other than by letter or a human being calling you directly.

However, if Wells Fargo is the original owner of the debt in question (and it sounds like they are), the law you are talking about (the Fair Debt Collections Practices Act (FDCPA) - http://www.ftc.gov/bcp/edu/pubs/cons...edit/cre27.pdf) prohibits all debt collectors *other than the original debt owner* from contacting you if you write such a letter.

If Wells Fargo is the original owner of your debt, sending them a letter at least puts a legal line in the sand on your side showing you made the request. However, if they are the original debt owner, then you have no legal way to make them stop calling you.

Two things you can try:
1. See if your cell phone service provider will block their number or not allow their number to leave phonemails. It's worth asking.
2. Change your cell phone number and don't give the new number out to anyone but close friends and family. Wells Fargo may eventually find the new number, but it will take awhile.

Now if you have filed bankruptcy, then Wells Fargo is violating your automatic stay by contacting you in any way. Notify your lawyer about this continued contact right away.

[catleg]

When coping with autodialers, it helps if your answering machine/voice mail message begins with a loud and clear HELLO.
That usually triggers the autodialer to hand off the call to a human, who might leave a message, but at least it will probably result in the autodialer
leaving you alone for a little while. Rather than this hammer dialing nonsense trying to catch you with your key in the lock, so to speak.