What to Do When Debt Collectors Call the Wrong Number
Have you ever answered the phone, only to realize that there is a debt collector calling - and that the collector has the wrong number? If so, you're not alone. All too often, debt collection agencies get hold of a telephone number that they believe belongs to a consumer who owes money - and begin calling relentlessly. Typically, you'll get a "robo-call" - a recording that says the call is for a specific person. The recording may say that the person mentioned should press a certain phone pad key, and that if the person isn't available, the person who answered the phone should hang up.
If you do hang up, you'll undoubtedly receive another call - and another, and another. Perhaps a "real" person will start calling. What begins as an annoyance can quickly turn to harassment. Debt collectors have been known to threaten and intimidate consumers via phone - even consumers who don't owe a dime. So, what should you do if you're receiving debt collection calls about debts that aren't yours?
The first thing you should do is start a logbook. Jot down the time and date of each call, as well as the name of the person calling and the name of the debt collection agency. If collectors are leaving voice mail messages, keep those as well.
Secondly, if you answer a robo-call, listen to the telephone tree options and try and connect to a live person. When you do, tell the person that you're receiving debt collection calls in error, and that the person they're looking for is not at your number. Hopefully, this will take care of the problem. Make a note in your logbook that you've informed the collection agency that they have wrong number, as well as the name of the person to whom you spoke.
If the collection calls continue - as is often the case - you have two avenues of recourse. Both involve contacting a fair debt attorney. A fair debt attorney is a lawyer who specializes in consumer rights, and specifically in the Fair Debt Collection Practices Act. Even though you don't owe the debt in question, the FDCPA still applies to you. A fair debt attorney can bring suit against the debt collection agency on your behalf. If you win the case, you can be awarded up to $1,000 in damages, as well as attorney fees. Because the FDCPA includes an award of attorney fees, most fair debt lawyers don't charge consumers to take these cases.
The second avenue of recourse is via the Telephone Consumer Protection Act. The TCPA says that businesses (not just debt collectors) can't use robo-calls unless you already have a relationship with the company or unless you've given them permission to call you. The penalties in TCPA cases are even more severe than FDCPA cases. According to the TCPA, a business can be fined $500 per call, or $1,500 per call if it can be proven that the robo-call was an intentional violation.
The bottom line? The law protects all consumers, and you have the right to be free from harassing debt collection calls. If you're the victim of collector abuse, you should contact a consumer attorney to determine what course of action you should take.
If you do hang up, you'll undoubtedly receive another call - and another, and another. Perhaps a "real" person will start calling. What begins as an annoyance can quickly turn to harassment. Debt collectors have been known to threaten and intimidate consumers via phone - even consumers who don't owe a dime. So, what should you do if you're receiving debt collection calls about debts that aren't yours?
The first thing you should do is start a logbook. Jot down the time and date of each call, as well as the name of the person calling and the name of the debt collection agency. If collectors are leaving voice mail messages, keep those as well.
Secondly, if you answer a robo-call, listen to the telephone tree options and try and connect to a live person. When you do, tell the person that you're receiving debt collection calls in error, and that the person they're looking for is not at your number. Hopefully, this will take care of the problem. Make a note in your logbook that you've informed the collection agency that they have wrong number, as well as the name of the person to whom you spoke.
If the collection calls continue - as is often the case - you have two avenues of recourse. Both involve contacting a fair debt attorney. A fair debt attorney is a lawyer who specializes in consumer rights, and specifically in the Fair Debt Collection Practices Act. Even though you don't owe the debt in question, the FDCPA still applies to you. A fair debt attorney can bring suit against the debt collection agency on your behalf. If you win the case, you can be awarded up to $1,000 in damages, as well as attorney fees. Because the FDCPA includes an award of attorney fees, most fair debt lawyers don't charge consumers to take these cases.
The second avenue of recourse is via the Telephone Consumer Protection Act. The TCPA says that businesses (not just debt collectors) can't use robo-calls unless you already have a relationship with the company or unless you've given them permission to call you. The penalties in TCPA cases are even more severe than FDCPA cases. According to the TCPA, a business can be fined $500 per call, or $1,500 per call if it can be proven that the robo-call was an intentional violation.
The bottom line? The law protects all consumers, and you have the right to be free from harassing debt collection calls. If you're the victim of collector abuse, you should contact a consumer attorney to determine what course of action you should take.
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