Aggressive debt collection tactics are drawing federal scrutiny

[NY3V]

"...Several years ago, debt collectors began pursuing state Sen. Lou Correa (https://forums.hamisland.net/topic/politics/lou-correa-PEPLT001319.topic) (D-Santa Ana) for an unpaid Sears bill they said he owed. He told them they had the wrong man, but the debt collectors never wavered.
"These folks are very aggressive," Correa said. "They'll call back repeatedly and say, 'Tell us some personal information so we can tell it's not you.' When all of a sudden is the burden of proof on me?"
Last year, Correa discovered his Senate paycheck was being garnisheed because of a $4,329 lien for the Sears debt. Brachfeld had obtained a default judgment in court, even though, Correa said, the lawsuit was never served on him and he knew nothing of the claim or the court hearing.
He later learned that the debt belonged to a Luis Correa from Santa Ana. The man had a different Social Security number, different address, even different first name — the senator is legally Jose Luis Correa.
"I always pay my bills on time. Then to have somebody garnish my wages, I thought was pretty astounding," the lawmaker said. He later resolved the problem and stopped the wage garnishment.
Now Correa is supporting a bill by state Sen. Mark Leno (D-San Francisco) to require debt collectors to document that they are pursuing the right person for the correct amount of money. The bill passed the Senate and is pending in the Assembly..."

http://www.latimes.com/business/la-fi-debt-collection-20120820,0,258717.story?track=lat-pick

[X-Rated]

Corporations run this country. They can take our money any time they feel like it. Many voters believe that they earned the money they steal from us. We will see what the voters will say on this election cycle.

[KG4CGC]

Corporations run this country. They can take our money any time they feel like it. Many voters believe that they earned the money they steal from us. We will see what the voters will say on this election cycle.

How does this apply to a case of mistaken identity?

[W3WN]

How does this apply to a case of mistaken identity?It doesn't.

[W3WN]

If you get harrassed by a debt collector for a debt you do not owe... especially if they are calling the wrong phone number...

Document everything. Every call: Date, time, length, who you talked to, what they said, what you told them. Inform them that they have the wrong party and as per Federal laws regarding debt collection, they are to cease calling you.

Try and get a mailing address for them; if they are calling on behalf of another party, try and find out whom that is as well.

If they persist, especially after multiple attempts: Speak to an attorney.

You can, and should, bill them for your wasted time. They can be fined up to $1000 per harassing phone call. Odds are that they will settle for less, especially once you get a lawyer involved. Of course, they may ask you to sign a non-disclosure form to settle the potential lawsuit.

How do I know this?

I can't tell you.

[X-Rated]

How does this apply to a case of mistaken identity?

Mistaken identity is a small part of this story. The larger picture is the ability of the corporations to bypass the courts to simply take your money. I do not understand this.

[NY3V]

If they harass enough 'mistaken identities' they can get a few of them to cough up money they don't owe just to stop the coercion. (same as Police 'Confessions')

[KG4CGC]

Mistaken identity is a small part of this story. The larger picture is the ability of the corporations to bypass the courts to simply take your money. I do not understand this.

Right Wing Legislation.

[KG4NEL]

I've had them try twice. In both cases, a strongly-worded letter referencing the applicable laws and threatening legal action should they contact me again did the trick.

One made it too easy, though. They left me a voicemail specifically stating "this is in regards to the collection of a debt". Really, guys? You had to use the words the FTC told you you can't? :-D

[kb2vxa]

"If you get harrassed by a debt collector for a debt you do not owe... especially if they are calling the wrong phone number..." get a cheap answering machine and let their robot talk to your robot. I know every deadbeat in the building past, present and one dead four years.

[X-Rated]

As long as you don't mind your wages getting garnished. That works just fine.

[kb2vxa]

What wages? My SSD is bulletproof and besides, not only did I never owe a penny but not one of those people they're trying to reach is me, the names aren't even close. The way they work is by address, not the individual so they call every phone number listed to that address and never trust the phone company employees not to sell unlisted numbers, it's happened. That's why the robot, an apartment building can have scores of phones all at one address, listings don't include apartment or box numbers. Then there are the telemarketers that hang up and go on to the next call without noting there's a machine on the other end so they keep on trying to no avail. The do not call list is a joke and an answering machine is WAY cheaper than a cell phone and provides entertainment all day long with one foamy phone call after another.

"Now Correa is supporting a bill by state Sen. Mark Leno (D-San Francisco) to require debt collectors to document that they are pursuing the right person for the correct amount of money. The bill passed the Senate and is pending in the Assembly..."

Now what makes you think they'll abide by some new law when they thumb their noses at the one that created the do not call list? It's a different world today, legal is what you can get away with, illegal is when you get caught. On the other hand: "When the president does it it's NOT illegal." Richard M. Nixie

[N2NH]

How does this apply to a case of mistaken identity?

The voters should be informed. If they are informed and have read this, they should make the appropriate choice at the voting booth. They should pull the lever for the politician most likely to enact legislation protecting them from this illegal fleecing. But I imagine that is waaaay too much to expect. Lately they'll just go with the soundbites from Fox News.