When I worked as a collection agent, it was often the case that we’d run along a wrong number for a debtor. The policy for the company was to leave the number in for at least one additional call to verify the number.
This policy served two purposes: 1) debtors are usually less-than-honest about disclosing their identities, and 2) the second "witness" would confirm the suspicion. If we suspected that the person was telling the truth, we were advised to ask probing questions about the length of time the individual had the number, whether the individual knew the debtor, etc. Most of the people were nice.
Admittedly, on a couple of occassions I’d contact some real jerks. In an attempt to be spiteful, I’d leave the number intact for a 2nd, 3rd, or 4th call. This behavior would be sure to rile up the person, and I could feel I got some vengence.
This type of behavior is illegal! A company has a right to be suspicious of someone they’re calling (again, debtors have incentive to lie), however, the company cannot continue to harrass the individual. By making the phone ring in a repeated manner, the collection company violates a fundamental principle of the Fair Debt Collection Practices Act.
I recently had "karma" come and strike me back. We’ve had our number for over 4 years, and we knew the family who had the prior number. In total, the number has been linked at our current address for over 8 years. However, one hot Sunday afternoon we began receiving calls from Washington Mutual, seeking an individual who was delinquent on their mortgage (yes, they disclosed that information – a violation of the FDCPA).
I politely explained to the agent that I didn’t know the individual, we had the number for 8 years, our address was in Oklahoma. The agent assured me we wouldn’t receive calls.
About 2 hours later though, Washington Mutual called again regarding the delinquent mortgage. I advised the agent of the situation and my previous conversation, and promptly asked for a supervisor. For about 20 minutes, the agent refused to let me speak with a supervisor. He finally relented when I threatened a lawsuit. The supervisor assured the same mistake wouldn’t happen again.
It did. For the next 5 days we received no less than 5 calls from Washington Mutual trying to collect on the delinquent debt, and going through the same prior routine.
THIS WAS VERY ANNOYING AND DISTRACTING. Fortunately, it doesn’t have to be bad. The benefit of the FDCPA is some of the "bite" that is involved.
When a collection agency continues to dial a wrong number, each instance is a violation, which could entitle you to a damages award of up to $1,500.
In order to receive the payout, you must diligently document the calls, messages, and conversations. My advice is to create a journal or ledger where you’ll write the caller-id information, including the date, time, and length of the call. Since I was able to speak with an individual, I documented each conversation with a hand-held recorder. I’d start each call with the statement, "It’s X o’clock, and I’m recording this call from Washington Mutual." I’d then instruct the agent to continue the call.
Finally, you should send a certified letter to the company informing them of your requests to stop the phone calls and that you are recording all future calls. You may also contact the Fair Trade Commission and your state’s Attorney General’s office.
It’s important to not ignore this behavior. You can, and should, fight for your right to be free from harassing phone calls.
If you, or someone you know, receives repeated phone calls, contact our office for assistance.
