Cell phone calls?

[toomuchdet]

Are these calls illegal or not? The third party collector claims they are not and our limited power of atty says they are illegal. We've sent C&D letters to all of our creditors and have received acknowledgement of receipt from them but now this 3rd party caller is harassing us. He received our cell number because my (minor) child gave it to him thinking he was my husband's neurosurgeon calling. Now that I think of it, he must not have ID'd himself further than providing his name. I requested that he stop calling my cell phone and that it was illegal during the three calls I chose to answer. He has tried to contact me at least 8 times on my cell. When I refuse to discuss my debt with him, I hang up, and he calls back immediately - at least two times within a period of 3 minutes.

On another note, he has called our house phone and discussed us with my daughter and mother-in-law, asking what kind of people we were, have they really been giving us his messages, etc. On one call, my daughter informed him we were at the hospital and my husband was in major surgery. He wanted to know what hospital it was and how my husband could be camping one weekend and in the hospital the next. He called my cell phone 3 times that day alone. When speaking with my MIL, he wouldn't give her his full name, either.

I've stated that I cannot speak with him and that we had a limited power of atty with **** but he lies and says the creditor he's representing won't deal with them (even tho, they've already made offers). I plan to file a complaint with the FTC but what else should I do? BTW, we now have a new unlisted number which has been a huge relief! I'm hoping his correspondence will be via letter as requested. I will NOT answer the cell again when he calls but had to get his name and spelling in order to file the complaint. All times are documented as well as a summary of the conversations we've had with him.

Thanks!

[toomuchdet]

Can someone please direct me to the appropriate complaint form for harrassing creditor calls? I can't find it on the FTC site.

[HRx]

peruse through http://www.ftc.gov/ for what you need

[dolomite]

My name is Matt Dolman and I am a Florida attorney who specializes in litigation under the Fair Debt Collection Practices Act. I have viewed this message board for quite some time and find it to be very informative.

It seems clear to me that collection agency's view violations as a simple cost of doing business that they are willing to bear. In other words, these very agency's that routinely violate the FDCPA do so with one simple idea in mind; that very few individual debtors will retain legal counsel and pursue a lawsuit based on such eggregious violations. The supervisors, managers, and principals (at these very collection agency's) fully understand the FDCPA and willfuly choose to ignore and even advocate violating the statute as a business decision. They realize that the gains (zealous collections) outweighs the cost of violating the statute due in large part to the fact that few attorneys litigate under this obscure statute.

If any poster on this board needs any further information or has an inquiry concerning the FDCPA, their particular situation, creditors who routinely violate the law, or any cause of action arising under the statute; feel free to contact me at <removed> or view my website at <removed> I am affiliated with attorney's from other states, so do not hesitate to contact me if you are not a Florida resident.

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

[toomuchdet]

So, are the calls illegal or not? The form requests amounts of money paid to the collector. I just didn't think it applied since that there has been no payment - that's why I'm being harrassed in the first place.

[HHM]

This board is not designed to give legal advice, if you want to know whether the calls are "legal", you should consult with a consumer attorney in your area. It sounds like their are some violations of the Fair Debt Collection Practices Act, however, an FDCPA claim is not related to whether you owe the debt or not, you will still have to deal with the fact that you owe money to some creditor.

As for what to do about it, you may be able to file a complaint with the FTC, with your State's Attorney's General Office, or seek a private attorney to pursue an FDCPA claim against this collector.

[toomuchdet]

Thanks and sorry for the miscommunication. This wasn't an attempt to illicit legal advice. It was the same type of question someone might ask about creditors calling them at work, or robbing a bank, smoking marijuanna, etc...in addition to a bit of confusion about filling out the complaint form. Nor was this question an attempt to somehow get out of an obligation of payment. I do appreciate the legal direction you've given me, tho!