FDCPA laws

[Duh]

I got a call that was left on my home/business answering
machine from a CA.

They said "Hello, This is a call from West Asset Management, a debt collector.
This is a call for (my name) . Please have (my name) call at 1-866________
and refernce #_______. This is an important call. This is not an advertisement."

Now, because this is my work machine as well as my fax, and the fact that
any one can get this message... is this an FDCPA violation?

I do work from my home, but I am not the only one here with access to this machine.

They have called 3 times before but this time they called on 5/3 and 5/4 and left the same message.

I re-recorded it on a small tape recorder but don't know if I should report them and if I do what evidence I need.

At any time someone can delete these form the fax/ answering machine.

[hojbn]

Excellent legal question - One that will get you different legal answers because there are so many variables. But in a nutshell, you have no case because the call was placed on your business answering machine at your home. the calling party has no way of knowing that you classify your answering machine as business.

[Duh]

Excellent legal question - One that will get you different legal answers because there are so many variables. But in a nutshell, you have no case because the call was placed on your business answering machine at your home. the calling party has no way of knowing that you classify your answering machine as business.

Thank you for replying.

In addition to non contacting regarding a debt at work... (specifying
that they are collecting for a debt to any one other then you.) which leaving a message they are a debt collector and the return call to them is important
and to reference a specific account number certainly would tell anyone who heard that message that this is the reason for their call,

I thought they could not tell this info to anyone other then you, even at your house.

Again, if my child, spouse, parent or sibling took the messages off the machine, they certainly would know I was being called about a debt.

I am not going to pursue this, but I do thank you for your input.

[vfielder]

This is a common practice in collections and yes it's legal. They take any
contact information given and go from there. Wheather it's your work or home phone, regardless it's a contact number. But it is a phone in your home.

It sounds like you owe a debt that you want to keep on the down-low and don't want other family members to know about? I maybe wrong

"If you owe the debt, don't ignore it because they won't go away"

If this is not your debt and they keep calling, call the number and threaten
them with the states attorney's office.

[Duh]

This is a common practice in collections and yes it's legal. They take any
contact information given and go from there. Wheather it's your work or home phone, regardless it's a contact number. But it is a phone in your home.

It sounds like you owe a debt that you want to keep on the down-low and don't want other family members to know about? I maybe wrong

"If you owe the debt, don't ignore it because they won't go away"

If this is not your debt and they keep calling, call the number and threaten
them with the states attorney's office.

This alledged debt at this point is not mine.

There was a novation and satisfaction and accord.

[Nadia]

Hello,

The Fair Debt Collection Practices Act (FDCPA) was passed by the Congress and is enforced by the Fair Trade Commission (FTC) to ensure fair debt collection by debt collectors. The Act has laid down laws to regulate the these practices. Under this Act it is imperative for the bill collectors and collection attorneys to abide by the rules of the FDCPA. This along with the Fair Credit Reporting Act (FCRA) forms the regulatory body of debt collection. Many states have their own well defined laws that also need to be followed by them.

The laws require a fair collection of the debt. You are protected by the FDCPA even if you owe a debt.
The FDCPA laws include:

A debt collector is a person who collects debt regularly;this applies to attorneys also
The debt has to be collected fairly by them
A debt collector can call during day time on the number agreed by you and request for payment
He should stop calling you upon written request or after engaging an attorney
He cannot demand or trouble you in any form
These laws protect you from debt collector harassment
He may call you at your office if he does not know your employer disapproves
He must stop calling work place if you have requested him not to
He can call you once more after receiving cease and desist letter
A debt collector can call third parties only to get information about your contact details

Fair debt collection requires a debt collector to follow the laws of the FDCPA. Fair debt collection ensures protection of the consumer. Under this it is required that the collector does not call you repeatedly at inconvenient times, harass you by using abusive language, try to collect more money than the actual debt, call you at workplace or threaten to garnish your wages.

Thank You

[marl]

why do you just grow a pair pay your bill negotiate with the collection agency get over it ....if you purchased items on a credit card and not paid, if you have a doctor bill and not paid .....what gives you the right ......economy...DO NOT BUY BEYOND YOUR MEANS

[Duh]

why do you just grow a pair pay your bill negotiate with the collection agency get over it ....if you purchased items on a credit card and not paid, if you have a doctor bill and not paid .....what gives you the right ......economy...DO NOT BUY BEYOND YOUR MEANS

You know....

There are a myriad of reasons why people find themselves in hot water over credit concerns.

For those who are on here with problems it is not because they want to be, and I do
not believe that anyone is posting here because they are trying to beat the system.

If that were the case, they would not come into the open, where a number of CAs and JDBs
lurk trying to find those they are able to get to through a back door.

I will speak only of myself....

In 2008, due to the economic downturns, my business... I am self-employed...
went belly up because my products require disposable income.

It is still very bad.... but you would not understand that if you are collecting
a pay check.

As this was happening I specifically called each of my creditors and told them I was
facing terrible money problems at the time and asked if there was anyway they could help me
by either giving me a few months of no payments until I could catch up with things,
or maybe lowering my monthly payments.... (At the time I thought the recession would be short lived.)

I NEVER EVEN SUGGESTED A LOWER INTEREST RATE.

And every one of these creditors, except for 2 of them, said tough cow pies..( don't want to
offend anyone here.) no way, that is your problem.

AND THIS WAS DURING THE TIME ALL THE BANKS WERE GETTING THEIR BAIL OUT FROM
MY (ALL OF OUR) TAX MONEY.

So I did the best I could and liquidated my emergency fund.

By that time I looking into settlement companies and I found a company to
help me.

But, that was short lived as they were very good at what they did and the
banks and CCs were loosing too much money and they managed to shut them down.

By this time the rest of my savings was gone as I had given it into the settlement
for the creditors.

So.... you want me to grow 'them'.... and settle.....? Been there/done that.

All of them have been, or supposeldly agreed to a settlement/arrangement
through this company.... but with the company being forced out
of the picture..... the banks/CCs... with an injection of financining
from my (everyones) tax money are going after people like me.

If you can not be helpful for those of us that are asking for guidance,
then just be quiet.