Robo Calls from CAs - not my debt

[Charlie777]

This may be painfully long but I'm wondering whether I have an cause of action already (are robo-calls for collections per se illegal and are there statutory damages), and what happens if these clowns try to post something to my CR based just on name and address.

I recently moved from Virginia to Baltimore, MD. I have an extremely common first and last name.

I have a Comcast Digital Voice phone number here. Have updated my address and phone with all my open accounts, my address has updated only on Experian (per USAA-CCMP). I've entered my new number in the donotcall system but 31 days hasn't elapsed. I filed BK7 and was discharged in 2009, absolutely everything is current since BK.

I've gotten robo calls from two collection agencies. I don't know whether they get some kind of phone updates from Comcast or a service from Experian.

First was from "Allied Interstate". Recording asked me to call their 800 number "regarding a debt". When I called back the person answering stated he is looking for a XX XX at some other Baltimore address and mentioned “skip trace”. When I asked for his name he was evasive and refused either a supervisor or their address. Calls back to supervisor and seeking further escalation were useless. A letter I've sent is reproduced below, FTC complaint filed.

Second was from "RPM", number searches to "Receivables Performance Management". Recording repeatedly asks me to hold, says I'm next in line, disconnect. FTC complaint filed.

Letter follows:

Allied Interstate, Inc.
3000 Corporate Exchange Drive
Columbus, OH 43231-7689

Via First Class Mail with delivery confirmation

RE: Call regarding some other XX XX, attempts by your staff to evade identification.

I received an automated call stating I needed to call 866-578-4773 regarding a debt. I owe no non-current obligations but called, the first contact stated you are looking for a Joseph Smith at some other Baltimore address and mentioned “skip trace”. When I asked for his name he was evasive and refused either a supervisor or your address.

I had to call back in, spoke to Ms. AAA then “BBB” who gave me a partial address and when I overheard the first individual who had refused his name and asked her to name him she hung up.

Three subsequent calls were disconnected. On a third call I reached Ms. AAA again, she refused to identify BBB’s manager, or provide the rest of your address, and stated she was instructed to disconnect me.

I owe no non-current debts. I have never resided at any other Baltimore address.

You are forbidden to contact me by phone again under any circumstances.

I caution you that if you have some other item from some other XX XX you are legally prohibited from attempting to report it against my credit report.

Your representative’s identification of the address of another person named XX XX and statement he is a skip trace is a probable violation of the Fair Debt Collection Practices Act against that person.

The reference number for the complaint filed with the FTC is 28736079.

[frogger]

(are robo-calls for collections per se illegal and are there statutory damages)

No & No. You need to speak with the collectors and ask for the last 4 digits of the ssn for the person they are looking for, or you need to give them the last 4 digits of your ssn to verify that you are not that person.

I understand your frustrations, but no need to waste a lot of time and efforts on letters. No one is really going to care.......

[Charlie777]

OK on the robocall issue, I thought (hoped?) they were specifically prohibited.

The Allied Interstate troll refused to give the last 4 of social he was looking for and rattled off a street address so quickly I couldn't catch, then refused to repeat it. So by writing to their HQ and proving it was delivered I feel I'm laying groundwork if something should show up on my CR. Perhaps ineffective, as is the FTC, but creating a paper trail for the future if legal action is needed.

Once on the do-not-call list is an alleged skip trace call permissible?

[flyinbroke]

I am not seeing where you have any legal cause though. Land lines are exempt from CA robocalls per the TCPA. Collectors are not telemarketers and are exempt from do not call lists.

Unfortunately, there is little you can do for "wrong number" CA calls. Most of the violations are going to be against the person they are actually trying to reach.

I get a ton of them for the person who had this number 3 years ago. I actually have had good luck talking to the CAs and informing them that this number was not hers and had not been for years. All I have talked to have removed it, and one said it may take a couple of hours to get it out of their system. Unfortunately, it still gets passed on to the new CAs and I am in lather, rinse, repeat mode.

Your CR will probably be untouched and the CA is probably just covering their six by not giving you too much info. You just got a bum number. Happens a lot these days.

[Charlie777]

Land lines are exempt from CA robocalls per the TCPA. Collectors are not telemarketers and are exempt from do not call lists.

Unfortunately, there is little you can do for "wrong number" CA calls. Most of the violations are going to be against the person they are actually trying to reach.

Your CR will probably be untouched and the CA is probably just covering their six by not giving you too much info. You just got a bum number. Happens a lot these days.

Do you mean CAs are allowed robocalls to landlines per the TCPA?

These aren't "wrong number" calls. They are calls looking for someone with the same name as mine, calling a phone number newly established with my name. I'm assuming they have the address via whatever mechanism gave them the number. I know it's possible to post to a CR without an SSN because when I set up my fiance as an AU user on a CC there was no SSN request but the card started reporting.

I do agree, the disclose to me that another person owes a debt is probably and FDCPA violation but only the actual debtor has standing to pursue it.

[flyinbroke]

Yes, they are allowed to robocall land lines per TCPA. The rules for this and do not call apply to telemarketers and CAs have permissible purpose to call land lines. Cell phones are trickier...no one is allowed to robo them unless you gave them permission.

Whether the other person has your name or not, you are in a wrong number situation. In this case, sending a letter could work but I have not had to convince the CAs they have the wrong number...and I never even gave them my name. I told them that I found their person of interest on Google, she is not hiding from anyone, and if I can do it then trained skiptracers should be able to.

[frogger]

OK on the robocall issue, I thought (hoped?) they were specifically prohibited.

No, they are not prohibited. By being on the do not call list, you are allegedly protected from unsolicited businesses calling you to try and sell you goods and services. However, the @#$!@* politicians exempted themselves from this, so you can get robocalled with political spam.

The Allied Interstate troll refused to give the last 4 of social he was looking for and rattled off a street address so quickly I couldn't catch, then refused to repeat it. So by writing to their HQ and proving it was delivered I feel I'm laying groundwork if something should show up on my CR. Perhaps ineffective, as is the FTC, but creating a paper trail for the future if legal action is needed.

The FTC ineffective? That's an understatement.......

Once on the do-not-call list is an alleged skip trace call permissible?

Yes

The only thing the collectors are not allowed to do is to robocall your cell phone. All autodialer services have provisions that allow for a sort of cell phone numbers. Of course, if you "forget" to click the cell phone option sort, then it calls all numbers, including the cell phones.

[GoingDown]

Allied Interstate was after me for one of my junk debts. Just send them a cease and desist communications letter in the mail, and in a seperate paragraph mention that they have the wrong person, that you are not the person they are looking for. Whether they believe it or not, they will stop calling after they get the C & D letter in the mail.