Collector Voicemails

[jalex]

My wife and I just filed last Friday, so we're still getting (and ignoring! ) calls because the notices haven't made it to everyone yet.

Well, tonight, we got an automated voicemail from Pentagroup Financial LLC. It went something like this: "This message is exclusively for <insert name here>. If you are not <insert name here>, please disconnect now." Then, it went in to the whole "We are legally required to notify you that this is an attempt to collect a debt, and all information will be used for that purpose...etc etc"

The thing is, the person they left the message for is not either of us. I am wondering if they might be violating the FDCPA here, since they are not verifying that the phone line they are leaving the message on is really the person that owes the debt.

I can only imagine who is receiving the call that was meant for my wife, clearly stating that she owes money and they are trying to collect on it.

Any thoughts? I guess it is kind of a moot point since we've already filed, but I'm just curious if they can do this kind of stuff.

[LALADY]

I had that happen to me as well, but on a work line that several had access to. I was furious since it was for me. I always wondered if this tactic was legal.

[lindsay2181]

I was told that they can say a generic "greeting" if that's what you want to call it, as long as they are not discussing in detail, the amount owed, etc. to the person. They were calling my parents and I requested for them to stop and threw in a little comment about the FDCPA and the guy told me they are well aware of what they are and aren't allowed to say over the phone and that generic greeting was perfectly acceptable under the law.

I have had Pentagroup Financial after me too!

[GotNoMoney]

This has been going on since around 2005 however, a recent court ruling may help.

See this link:

http://www.thebklawyer.com/thebkblog/2009/10/18/fdcpa-does-not-give-debt-collector-the-right-to-leave-messages-on-your-phone-answering-machine/

You may want to read the case law, but what it comes down to is this. A CA calling must identify themselves and in doing so violates the law. A CA calling that fails to identify themselves, violates the law again also. Bottom line, CA's should not leave messages on answering machines. That is what the conclusion of the 11th circuit court of appeals come too.

So, what does this mean for you, well you can sue under the FDCPA and 'may' have a cause of action. Simply based on, most answering machines play the message being left while it is being left (call screening) so if lets say a friend, relative or anyone within earshot of the machine would then be "forced" to listen to the whole message since they cannot stop or turn off the message. What would the argument be, that this other party should have left the room or house/condo/apartment in order to avoid listening to an unsolicited phone call. So I would imagine if someone had a "friend, relative or other" who was subjected to listen to your personal information since they had no way to stop or control what was being said.

[jribe]

i received quite a few of those; but after the "generic" message- they would say "if you are not ____ please hang up. By not hanging up you are verifying you are _____ " and then they would go into detail- on a message machine! It seriously made me mad- because they didn't know they had the correct number.

I just didn't know what could really be done about it..

My wife and I just filed last Friday, so we're still getting (and ignoring! ) calls because the notices haven't made it to everyone yet.

Well, tonight, we got an automated voicemail from Pentagroup Financial LLC. It went something like this: "This message is exclusively for <insert name here>. If you are not <insert name here>, please disconnect now." Then, it went in to the whole "We are legally required to notify you that this is an attempt to collect a debt, and all information will be used for that purpose...etc etc"

The thing is, the person they left the message for is not either of us. I am wondering if they might be violating the FDCPA here, since they are not verifying that the phone line they are leaving the message on is really the person that owes the debt.

I can only imagine who is receiving the call that was meant for my wife, clearly stating that she owes money and they are trying to collect on it.

Any thoughts? I guess it is kind of a moot point since we've already filed, but I'm just curious if they can do this kind of stuff.

[frogger]

There's pretty much nothing going to get done about it. If you think the guvmint is interested in enforcing the laws, I've still got a bridge for sale.....

Unless there are massive problems like those you see in the news, any complaints are pretty much going to go away. Everyone complains about something or another and the guvmint does not choose to devote the time or resources to your complaint.

It takes a pattern of abuse before the guvmint gets involved. They don't care about your 1 complaint. Sorry, but that's just the way it is.

[jalex]

I kind of figured nothing would come of it. I was mainly curious, it doesn't really bother me any. Well, as long as they keep calling our house/cell numbers, that is. I wanted to give them a hard time about it, honestly. I figure if they're going to call me all day long I might as well take advantage of it and have some fun with them.

I really wish the process to take action against these people was easier. I'd love to take a few of them on a ride through the justice system. Oh well. Guess I'll have to settle with knowing they aren't going to get a penny out of me!

[GotNoMoney]

C&D letters to CA's work wonders... Or a DV with an its "inconvenient" for me to get calls statement in it.

[GoingDown]

Yep, simply send them a Cease and Desist Communications letter and the calls will probably stop.

They have been so effective for me over the years, that I think in about 99% of the cases, it will work. On those it doesn't work, file a complaint with your local state attorney general's office and that will get them to stop calling you.

[nickifan]

Yep, simply send them a Cease and Desist Communications letter and the calls will probably stop.

They have been so effective for me over the years, that I think in about 99% of the cases, it will work. On those it doesn't work, file a complaint with your local state attorney general's office and that will get them to stop calling you.

But this C&D letter is not for ORIGINAL creditors, yes? I'm still so confused about this...I have another thread in Collections forum about the "script" if I actually get nailed on the phone by an OC. Just ASKING them to stop calling doesn't mean they will, right? But do you ask for their mailing address anyway? And then....send what? (Is there a whole thread on this somewhere with a script for this letter, if I can send it to an OC?)

I don't work right now so I'm home most of the day and am not looking forward to getting these calls.

I actually have a list in front of me as I type, and I'm deciding that I am not going to pay the CC bill due Dec. 21st...this will be my first. It is a VERY
difficult moment. So I do wonder when the first calls will come....

[nickifan]

But this C&D letter is not for ORIGINAL creditors, yes? I'm still so confused about this...I have another thread in Collections forum about the "script" if I actually get nailed on the phone by an OC. Just ASKING them to stop calling doesn't mean they will, right? But do you ask for their mailing address anyway? And then....send what? (Is there a whole thread on this somewhere with a script for this letter, if I can send it to an OC?)

I don't work right now so I'm home most of the day and am not looking forward to getting these calls.

I actually have a list in front of me as I type, and I'm deciding that I am not going to pay the CC bill due Dec. 21st...this will be my first. It is a VERY
difficult moment. So I do wonder when the first calls will come....

Quoting myself here...any thoughts from anyone on the above, or asking OC for their address? (I guess can't hurt, to see if it "matches" the address for the creditors, unless the BK atty worries about all that?)

Also...I saw somewhere else here that someone asked what they should say if the OC asks "how long have you been unemployed?" I don't want to answer that, because I have not worked in close to two years (majority by choice as I moved here to help with my mother, then when I started looking for work I wasn't finding any!) I'm surmising that if I tell them that, though, nearly ANY charges I made on ANY card during that time might be construed as fraud? e.g. if unemployed I had no ability to repay, much less intent?

So what's a good answer for that question? Just say I don't wish to discuss it? Or a vague "a while"?

I am expecting the first call this week, so all thoughts and support very much appreciated!

[nodollarsnomo]

I just tell them that I have been unemployed since the first of the year. When they ask if I am getting any unemployment money, I tell them "no" since I was self-employed (all is true).
I have not paid since Feb. of this year and all of mine have gone to collections, some I have spoken to, some I have not. When they send me something in writing I DV them. Some of mine have been passed around to more the one CA.
Since year-end is approaching they have been calling more this past week. I have answered the phone and when they asked for me I say "she's not in may I take a message" this lets them know that they have reached the right number.

I hope this helps

[OHBOY]

I tell them nothing....
My wife, who basically only uses her cell for doctor appts. ect., gets 99.9% of all cc calls for me on her phone, as I listed her number with cc's.

A couple calls do come in on my phone...I just don't answer unknown numbers.

As we have limited minutes, wife does not answer cc calls throughout week, only some on weekends when 'free' minutes kick in.

I think she enjoys answering the phone and only answers the phone to make the callers life miserable ( and in all fairness, she can be quit good at it... especially if she forgot to put on her hormone patch...lol)...she uses it sort of as a stress relief for herself by playing games with them....

Actually this weekend the callers were lucky as she was rather short and sweet, handling incoming call something like this:
when they asked for me, she just went through the routine of wanting to know their name...... the " what ?", " Repeat that", " Slowly", " Did you say ?", Could you spell that please", What company ? ....i.e. " Capital One"..." What's it all about" .... answer : " Personal business matter", with wife stating " We really don't want to buy anything" ...and hanging up.

They got off very easy this weekend.... She didn't even get into the 'basics',i.e. their last name, which can be a 'trip' by itself...

Who knows what next weekend will bring.........