Debt collectors and wrong numbers: how to handle a case of mistaken identity
Debt collection is something that everyone has to deal with. Case in point: a debt collector just left a message on my mom’s answering machine, where I have not lived for eleven years. My credit report is squeaky clean–I just checked–but apparently there is another Sam Glover out there who has worse luck.
Every time you get a message from someone about “an important business matter,” it is most likely a debt collector trying to get in touch with you. When this happens, you should return the call, but be careful. If the debt is not yours, you want to avoid further calls, not to end up in the debt collector’s Rolodex.
When you call, use Skype, a pay phone, or caller ID blocking. The debt collector may not believe you when you tell them you are not the person they are looking for, and you do not want to give them an easy way to keep bugging you. It is a good idea to record the phone call, if you can.
The debt collector should attempt to determine whether you are the person they are looking for. They may ask if you have ever lived at a certain address or had a certain phone number. If you are not the person they are trying to contact, this should clear it up. Ask them to remove any information that is yours from their account. Do not give them any information they do not already have.
If you are the person they are trying to call, take careful notes, and record all conversations. Get the collector’s address or fax number, and follow up your phone call with a written request for verification of the debt. Once you have the evidence in front of you, you can decide how to proceed (and you can learn more about your options here).
Tags: debt collection, debt collectors, harassment
Filed under: Coping With Credit & Debt
Every time you get a message from someone about “an important business matter,” it is most likely a FDCPA violation.
In Foti v. NCO Fin. Sys., Inc., No. 04-CV-707(KMK), 2006 WL 779774 (S.D. N.Y. Mar. 25, 2006), the court held that a recorded message left on an answering system was a communication in connection with the collection of a debt.
To comply with Section 807(11), in all communications subsequent to the initial communication with a consumer (the Demand Letter), a debt collector must disclose the communication is from a debt collector.
If the debt is your or not, and the answering system message does not disclose the name of the collection agency, 1) Save the recording. 2) Contact a consumer attorney and file a FDCPA suit for the statutory damages.
I enjoy the Caveat Emptor Blog and appreciate the hard work on behalf of consumers.
CallerID blocking WILL NOT work if you call them back on a 800, 877, or 888 number. Eat the toll charges and call them from a landline phone, and hit *67 first. That will block your number from display. Skype, Yahoo Voice, and other VOIP methods are also great, IF they are not your primary number.
Just on another note if collectors are calling you (sometimes) this means your SS# is on the “real debtor’s” Credit Bureau. You did the right thing by checking your’s ASAP. Just stay on top of it you don’t want your credit dinged because of some deadbeat with the same name.
I’ve been googling like crazy what to do about our situation. My family has been getting constant calls from a debt collection agency about a man who bares the same name as my dad, but that is all. The address, SSN, and birthdate they have differs greatly.
This has been communicated several times over the phone (but not sure if they believe us), but nowadays it has gotten so that we try to ignore the calls as much as possible since they’re basically the equivalent of telemarketer calls.
All they have is a name and a number so that has made us reluctant to send a dispute letter (as then they will have our address as well). I’ve been searching all over the web of what to do without disclosing private info OR switching our phone number, but it has been frustrating. We don’t care about lawsuits or anything, we just want the constant calls to stop. Apparently, they never give me enough response time to tell them to stop calling after it is confirmed that my dad is not the one they’re looking for. What to do..
Hi Anch: We don’t give advice on specific cases here, but it sounds like it is time for you to call an attorney. I recommend looking for one using the lawyer database that the National Association of Consumer Advocates maintains.
The hassles of mistaken identities and wrong numbers…. unfortunately, with delinquencies on the rise, the likelihood of getting these types of calls is also on the rise. Being evasive and uncooperative with a collector flags you as a “less than honest” debtor. I, as both a collector and a consumer, understand that you are frustrated with the calls, of which there are probably many — and not just from my company. Give me a moment of your time and I will be happy to remove your phone number from my company’s database. But remember that there are probably many search engines that associate your phone number with the person we are trying to contact. I’ve talked to folks that have been getting calls for the wrong person for close to five years… the calls eventually peter out but they never seem to be completely gone.
Another thing… if a company calls looking for “John Smith” and the phone line is registered to someone other than “John Smith” you can verbally cease this company from calling you again. Make sure to remind the caller that another call will be an FDCPA violation. And document, document, document.
I work for a collection agency and I work on a dialer system. Now I was wondering what can I do because I have no control of calling wrong number after wrong number, even though it has been noted in the system as a wrong number. Isn’t his a violation of the FDCPA and cant I be responsible for this if a consumer takes legal actions. I have brought this information up to my supervisor, and even other supervisors. What can I do because I have no control over calling a wrong number again?
I’d jab nyself in the eye with a sharp stick if I couldn’t update records. I spend a fair amount of my day talking to people that have been assigned phone numbers that used to belong to someone that left a lot of business hanging if you know what I mean. Damn straight, those misdials are FDCPA violations - hope the payouts don’t come out of your check. Here’s wishing my number was in your system! Mention the glitch to either your system administrator or compliance officer - but I’m guessing they already know about the issue. If it costs them enough in settlements, they will eventually fix it. Or not.
My son is continually receiving credit bureau calls on his cell phone his number apparently previously belonged to someone who has credit issues. My son is 14 and his name is not Kenneth. I have already stopped one agency but they sold the account to NARS, another agency and they call two or three times a day while he is in class. Is there anything I can do short of changing his cell phone number?
Please seek out a consumer lawyer in your state, who can help you understand your son’s options. The lawyer referral database at naca.net is a good place to start.
I empathize with those that receive unwanted calls - I’ve gotten them too and unfortunately getting a new phone number can be a bit of a crap shoot… there’s always the risk that the number was previously owned by someone with less than stellar credit… the fastest, most efficient way to have your number removed is to return the call and explain the situation — that you’re not the guy they’re looking for. Don’t wait two weeks and ten calls to complain… I’m not going to say all “phone representatives” will be quick to respond to your plight, but most should be. Honestly, I (and most other collectors) have way too many accounts to work and don’t have the extra time to spend calling the wrong person.
All the, “ask them to stop nicely” advice would be nice if it worked. But it doesn’t appear to have worked in my case. AT&T gave me a number when I moved into a new house. After eight months of playing nice, getting multiple calls a day, most automated, nicely calling back and reporting the problem (nothing matches me but the phone number), they haven’t slowed at all. And I know that the same already-nicely-informed companies continue to call (they say they will stop, and then call again shortly thereafter). And a few collectors are vulgar or threatening. I could play lawyer-games, but I think only the lawyers would win that too. Fortunately, I called AT&T and asked for a new number given this situation, and I should have a new number, at no charge, tonight.
About five years ago, in this same city, I had a similar situation at an apartment. When SBC (since bought by AT&T) gave me a new number then, it was miraculously quiet! I didn’t even have normal telemarketers.
I’m crossing my fingers now, hoping the new number works out better.