These jerks called my cell phone, but put me on hold for several minutes until the call was dropped.
California Jul 17th, 2014
} ''$16,000 fine/penalty cap''
That applies to the Telemarketing Sales Rule, and by extension, illegal calls to DNC registrants. You don't get private right of action from either one, and non-sales callers are exempt from DNC in any case.
Maybe you'd better get your own PDF copy of the FDCPA. Seeking alternate sources of advice couldn't hurt either.
There are other considerations when recording for evidence, mostly related to making certain you are the ''custodian of records''. Good discussion found by this link:
Before anything else you'll need to determine what the callers want. They could go on for weeks playing peekaboo with your message recorder. It's time to get out of a purely reactive mode and take the matter to their doorstep. If you haven't yet set call restrictions, make ready whatever your phone recorder is and call Chase yourself. Drill your way to a live rep and extract some answers. If you supposedly owe something, they have five days from that moment to drop a dunning letter in the mail. If they're skip tracing for some other person, shut 'em up with a cease-comm, sent CMRR of course.
As to an SoL defense, that's useful only if you're sued or a suit is threatened over an account which has aged past whatever point your state law specifies. You're in the land of contract law when you default on debt. It's a rare creditor contract which does not survive all changes in relationship. In most places SoL may expire but collection activity done by the rules may follow that account and continue until doomsday or a court order which crushes the debt claim, whichever comes first.
The SoL clock begins at the time of default or date of last activity. It would be absurd to start counting when the account is established, since a creditor has no dispute until the contract is broken by a debtor. Besides, the contract would be toothless if everyone could stop paying the day after x-years had passed. Fooling people into resetting the SoL clock is a favorite game of junky debt collectors, which is why the issue is so often mentioned.
Resident47 Nov 05th, 2011
Howdy Resident47. Nice post. Very informative.. So.. What happened to the $16,000 fine/penalty cap that was placed on violations of the FDCPA? I keep hearing about it and being told about it by the so called government legal people who are telling me how it works and that the judge hearing the case can add more to it under specific findings.. As for recordings. I am glad I am NOT a reporter. And I LOVE my digital recorder! The only problem is.. Getting these idiots on the phone to catch them crossing ANY lines has been problematic. Seems like they only call when I am away from home or far enough from the phone that by the time I get to it they have already hung up. If it was even a live caller that is. I am still curious about statutes of limitations and where they would apply in a case similar to mine especially in the case of the debt, no matter if it's false or not, being sold off like you discribed. Seems to me that the statutes should apply from the date the original creditor established the debt and not be rolled over by being transferred to a "NEW" creditor by being sold off. Can you clear this up a little bit? Thanks!
Readytosue Nov 04th, 2011
Guess Who / NoIdeaWho / ReadyToSue:
You've grazed several issues which need some expansion. This is what your attorney will say if s/he actually comprehends the FDCPA and is not merely stamping out papers in a bankruptcy mill:
Statutory fines from FDCPA violations do not stack like cordwood. You're capped at $1K per action, no matter how many counts you can rack up. You need actual damages (as in stress and suffering) you can prove to exceed that award. In any case an additional award for your legal fees is standard procedure. Your case is stronger if you enter with multiple violations, showing a pattern of misbehavior.
You can try a separate suit for each violation, but at the risk of your opponent and/or judge tossing them as ''frivolous'' or consolidating them all back into a single action. If you go in only with a handful of calls lacking useful CID from their source, your attorney will have to work harder than it's worth to make something of it. Generally a consumer attorney wants an easy case, just like the collection attorneys.
The FTC makes two demands of third party collectors which are frequently in conflict. An agency must make ''meaningful disclosure'' of its identity yet respect the privacy of whoever is named on a debt account.
Phone messaging is like wolfbane to some collectors, who know that they are sued about the same no matter which rule they favor. However, there is case law which scolds them for breaking one law just to satisfy another.
Moving from theory to practice, you don't have much of a case with only mystery calls arriving about once a day. Do mention them in your case, but don't expect fireworks. The calls have to come outside of legal hours or have abusive content before they'll be taken seriously. For ammo you possibly have misrepresentation of a debt claim and the failure to send a dunning letter promptly after first contact. Trying to beat you over the head with the wrong contract or one which never existed I think you can pull under FDCPA as taking an action to which the collector was not legally entitled. State UCC might help you there, too.
You can build on those items, but not until you properly dispute and demand validation via USPS Certified with return card. You're almost a ''not me'' case, in which a simple cease-comm letter would suffice. I believe if your name keeps showing as accused of debt you're much better off treating the case as if by a slim chance you could be held liable .... which is exactly the outcome if you never challenge the claims.
A couple of decent guides to debt validation are linked below:
You should determine if this account was sold outright by Verizon or merely assigned. Your approach is modified considerably if the former is true. As you deflect each collector in turn and the account gets resold, the chain of title weakens, making the lack of proof of claim a stronger defense.
For extra credit, no pun intended, you might pull a credit report and see if any faulty trade lines have been placed in the past four years by your string of collectors. The credit bureaus don't make consumer disputes easy, but you can sue the ''information furnishers'' under FCRA for each month some false data is reported. Unlike FDCPA, those counts you can multiply per action.
Do not get mixed up with CIC Triple Advantage or any of their front names. (i.e. ''FreeCreditReport'', ''FreeCreditScore'') You're granted an annual freebie from each of the big three bureaus, no strings attached. No matter what you're told about ''convenient online access'', get your reports issued in the mail on real paper. A hard print is the only kind your judge will respect without doubt.
As to recording collection calls for capturing evidence of violations, this hinges on state law, which may or may not permit single party consent. Linked below is a guide to the issues and a breakdown of your options per state. While aimed at journalists, the issues apply broadly and the site does a clear and thorough job of explaining things.
Also note that in August 2010 the U.S. Second Circuit Court of Appeals ruled that single party consent is just peachy for recording the phone person-to-person, so long as your intent is not in some way criminal or malicious. Sure, you could hedge your bets and announce recording, but this often causes the rep to either refuse to continue, or grudgingly switch to Very Best Behavior. I say let the collector decide how far to stray from FTC regs, and let a judge or arbitrator decide what's admissable. Roll those recorders quietly and with confidence.
Resident47 Oct 23rd, 2011
Check this folks! This junk debt collector also uses 877-256-2510
to make these calls. According to the FDCPA the act of making calls that do not provide worthwhile identity of the caller or the purpose of the call is defined as Making of a Worthless Call! This is a violation of the FDCPA and each call can constitue a single count of violation and each count can earn $1,000.00! They have called us no less than 15 times since October 1st between the two numbers. And all WITHOUT having sent an actual collection letter which is required by the FDCPA. Guess what! That is ANOTHER COUNT OF VIOLATION! And if a judge determines these actions are deliberate he/she CAN add on MORE PENALTIES AND FINES! TO think.. $15,000 in fines over a false debt for less than $100! I am calling my attorney Monday! I will update both phone number report pages after I find out what my attorney thinks of this.
Well. Can't say that anymore! I found out who this caller is! It's a collection agency going by the name Chase Receivables. NO RELATION to Chase Bank! Chase Bank is very clear about this. I called them because they have my mortgage and it is paid and on time so there would be no reason for calls. And. So everyone knows. They also call you from 800-622-0484
. The calls show up as TOLL FREE.. This is a deceptive practice for a collection agency. They are hiding behind unidentified toll free phone numbers and making worthless calls by calling you and hanging up without leaving any kind of message. This is a blatant violation of the FDCPA! File complaints! It is the only way to get the Feds to do anything about these kinds of actions. Chase Receivables is what is considered a Junk Debt collector. They try to collect debts that REAL collection agencies CAN NOT Collect for reasons from Statutes of Limitations to Creditors who can not prove the debt is real. They offer special deals to try to get you to pay up even if you do not owe the debt and even if it has exceeded your state's statutes of limitations. DO NOT GIVE IN! DISPUTE THE CLAIMS! If they can not aquire PROOF POSITIVE that the debt is REAL they HAVE TO RETURN IT TO THE CREDITOR AS UNCOLLECTIBLE! For us they are trying to collect a FALSE debt for Verizon Wireless where VW has tried to claim we owe them ninety some odd dollars for phone services we never used or asked for and most definately DID NOT sign a contract for. They are the THIRD collection agency that VW has sent after us for this false debt. The PRC in my state is fixing to burn VW down for violation of the provisions of their take over of Altel in our area because they have modified numerous Altel contracts and are trying to force the customers, like us, to pay for services we never used and never gave express concent to. IE: THAT IS CALLED FRAUD FOLKS!!
BY THE WAY! UNDER CONSTITUTIONAL LAW, THE PROVISION THAT STATES YOU HAVE THE RIGHT TO EQUAL PROTECTION UNDER THE LAW, YOU HAVE THE RIGHT, AS THERE IS NO EXPECTATION OF PRIVACY IN YOUR PHONE CONVERSATION WITH ANY DEBT COLLECTOR OR FINANCIAL INSTITUTION WHEN THEY STATE THEY MAY MONITOR AND/OR RECORD YOUR CONVERSATION, YOU HAVE THE RIGHT (YES I REPEATED IT!) TO RECORD YOUR CONVERSATION WITH THEM. IF YOU TELL THEM AND THEY STATE THEY WILL NOT AUTHORIZE YOU TO DO SO TELL THEM TUFF! YOU HAVE THE RIGHT TO DO SO BECAUSE THEY ARE DOING SO! THAT IS FEDERAL CONSTITUTIONAL LAW! YOU MAY WANT TO CHECK YOUR STATE LAWS AS WELL! SOME STATES, LIKE NEW MEXICO FOR EXAMPLE ALLOW THEIR RESIDENTS TO RECORD ANY CONVERSATION THAT THEY ARE A PARTY TO, WITHOUT HAVING TO TELL ANYONE ELSE IN THE CONVERSATION THAT YOU ARE RECORDING IT! THE ONLY EXCEPTION TO THIS NEW MEXICO LAW IS REPORTERS! SO.. ANY OF YOU WHO LIVE IN NEW MEXICO.. RECORD YOUR CONVERSATION WITH THESE IDIOTS AND WAIT TO TELL THEM YOU HAVE RECORDED THE CONVERSATION UNTIL YOU ARE READY TO HANG UP.. WHEN THEY PROTEST. TELL THEM THAT FEDERAL CONSTITUTIONAL LAW ALLOWS YOU THE RIGHT TO DO SO BECAUSE THEY HAVE GIVEN YOU IMPLIED CONSCENT BECAUSE THEY TOLD YOU THAT THEY ARE RECORDING YOUR CONVERSATION WITH THEM WHICH REMOVES THE EXPECTATION OF PRIVACY FROM THE CONVERSATION. THEY HAVE NO RELIEF FOR THIS! IF YOU LIVE IN NEW MEXICO.. TELL THEM YOU HAVE THE RIGHT UNDER STATE LAW TO RECORD IT AND YOU DON'T EVEN HAVE TO TELL THEM YOU ARE RECORDING IT. AND THAT YOU TOLD THEM AS A COURTESY SO THEY WOULD KNOW THAT YOU ARE NOT PLAYING GAMES WITH THEM. THEN CORGIALLY SAY G'BYE.
Readytosue Oct 01st, 2011
They called us this morning. Failed to leave a message. Violating the basic statutes of making a bonified attempt to contact. If they are acting as a debt collector for Verizon they are evidently not aware of the fact that Altel accounts that where "absorbed" by Verizon during their takeover where locked under federal and state law making them unable to alter the Altel account contract without the express concent, which means in writing, of the account holder/user which means US.. Making any change of any kind to an Altel account without our signature on a VERIZON contract makes any service they claimed to provide under this alteration ILLEGAL AND UNBINDING! If this has happened to you REPORT IT TO YOUR STATE'S PRC AND ATTORNEY GENERAL'S OFFICE IMMEDIATELY! They are subject to serious federal and state fines for violations of this ruling that was one of the provisions to allow their take over of Altel accounts. We have sent TWO collection agencies running with their tails between their legs over this exact issue! So the $109 bill they are claiming we owe for services we never asked for or signed a contract for and DID NOT USE is going to cost them several thousand dollars in penalties! DO THE SAME TO THEM IN YOUR STATE! DO NOT JUST TAKE IT AS YOU ARE STUCK WITH IT! They can not legally change or alter your Altel account under federal and state laws! That was the ruling! If they did they violated both!!!
Readytosue Oct 01st, 2011
Anyone know who these jerks collect from recently? I have never had a Verizon account
800-622-0484 is a number that belongs to Chase Receivables. They try to collect for debts that are outside the current State's Statute of Limitations.
I keep on getting calls from this number. If they don't stop calling I'm going to have to change my number.
Mrs. Garcia, I'd go the money instead. Take the $1,000.
Summertime Jul 19th, 2010
called yesterday, no message, I didn't answer it, next time I think I will, if they want to use nasty tactics, I have some of my own I'd like to share with them.
I come from a family that has a lot of sailors....
Mrs.Garcia Jul 02nd, 2010
Junk Debt Collector. Calls about ancient bills--meaning not collectible due to statute of limitations. Like to imply they are Chase Bank.This is the sort of collector the FDCPA is all about.
bill collectors that use a scatter-shot approach.
josh church Oct 19th, 2009
This is a collection agency. Bill began with Alltel, which is now with Verizon, and has somehow ended up with this annoying collection agency. Word to the wise, even if you get CRAP service, you HAVE to stick with the freakin' contract and pay the stupid bill. Otherwise you'll get annoying phone calls and bad credit.
called two times this morning 9:08 and 12:17 ask for stella. i have ask them previously to remove my number but they still call.
Multiple calls, no messages. Where they are a collection agency, I won't help the bottom-feeding scum.
this is a collection agency they are not telemarketers. They just need to hire people that are not dum and know how to repersent. I owe a bill and the lady that was on they other end of the phone was very plasant and professional. When I told her that I did not have any money she thank me for calling.
When I answered a lady said hello, I said hello again...then she hung up!
Chase Receivables is a collection agency. There clients include among others Verizon Wireless
bestneverrest May 12th, 2009
Chase Receivables - Collection Agency. NOT affiliated with Chase Bank!
Again, one of those numbers that seem to like to bother me late into the night. Looking at all the different comments below, I see collection agency for Verizon. I had seen on my credit report, something about Verizon and I have never in my life had a phone from that company. I feel harassed.
LifesMockery May 01st, 2009
I CALLED THEM BACK, IS A COLLECTION AGENCY FOR VERIZON,FOR AN ACCOUNT CLOSED LONG TIME AGO.
This # calls me every other day and it isn't even for me. I have told them they have the wrong # but they keep calling.
frustrated Feb 02nd, 2009
Chase ?? called in the recent past from one of the other 103 #s listed below. They said "will do" when I told them to stop calling or I would report them. Guess it is time to report them to the AG. JD Powers somehow gets our non-published #s and then the weirdo telemarketers start up again. What happened to our privacy in the US?
Disgusted. Sep 21st, 2008
second time I've responded to them and told them person doesn't live here and to remove number. they told me different company (same phone number caller id)
they were rude and hung up on me while I was explaining that person doesn't live here. I called number back and explained 2nd time I told them to remove
and again told new company and they were sure the other person I spoke to would remove number and hung up again.
This number keeps calling and asking for My husbands ex-wifes current husband. I want them to stop because my stepdaughter keep answering the phone, and getting very confused when the person calling, asks for their stepdad, that has never lived here...we have only had the number for a few months.
BotheredinCA Apr 10th, 2008
This is why I screen ALL my calls!!!! 800-622-0484 - I've been getting calls from this number about 2 times a week for
the last month. They ask for my mom's ex boyfriends name. The last time she was with him was 18 years ago, I've only had
this number 3 1/2 years. How the f**k did they find "my" number and why? Why do we all have to put up with this type
of shit in our society, don't we have enough stress to deal with as it is? ~~~~Calgon, take me away~~~~ LOL~~~~~~
TiredOfThisShit Mar 29th, 2008
I called to request the removal of my sons number and there was no problem. (so far) I did mention they were calling a small child and he has a pre pay tracfone. Try it and see if it helps, they did confirm it is a collections agency, many people do get scared their credit will be damaged and do pay the bill so be sure it is a ligitimate charge they are chasing for.
jakes mommy Jan 22nd, 2008
rude ahole. I told him I was not the person he was looking for, he cussed and hung up on me
A computer synthesized voice stating they had a very important message for the specified person, claims it is not a telemarketing call, gives two options - press if you are the named person, if you are not the person to remove the number from their list. In the event of no action provides a reference number and the phone number to call.
I get these annoying robotic type messages but just hang up because I am not the person. I did talk to someone once and told him he had the wrong number, he said, well I will just call everyday until I get the right number!
Calls constantly bur I do not pick up...no messaged left
This is from a collection agency. They got our number by doing an address search. They were calling for the person we bought our house from. I let them know they had the wrong house/number as the previous owner moved. Hopefully, they will not call again. They were very persistent with at least one phone call each day.
These assholes keep calling my number about once a week, leaving msgs on the answ. machine for an unknown person to call back with a "reference number XYZ" - if we pick up the phone, it's silent - a hangup call. I should have that number put into our switches' suppression list: p00f, no more calls from the fucknuts at Chase for a couple million numbers on the east coast.
I got so tired of the calls that I answered one. First the guy asked for my husband (I'm single) then when I asked who was calling the guy said "Your husband gave me this number to call him". He finally gave me the name and it was no one I had ever heard of so I told him he had a wrong number and to stop calling. He told me he keep calling until he got to talk to my husband. So far the calls have stopped.
Refuse to give them the reference number, ask them who they are and what they want. Tell them you never done business with them and they will ask for someone by name at that point. If it's not you, they will remove you from the calling list (so they say).
1247 Broadway | Sonoma, CA. 94536
| Fax 707-256-2513
This is a collection agency. I am not sure how legitamate. Could be phishers but I called twice and got to different people. The messages was a synthesized voice asking for Chloeld and Burbine ? They said it was a wrong number and they aplogozed but my concern is they may have been phishing for names off the caller ID if you call.
just googled the number. it's "chase receivables" in california. i don't think it's related to chase bank, n.a.
these people call constantly. today i picked up the call and got a really hostile woman who, when i gave her the name and number of my attorney, and then refused to converse with her further, gave an evil laugh and started saying, "oh, your REPRESENTATIVE...you need a REPRESENTATIVE," etc. really nasty, really harassing. and she never told me where she was calling from!
It is a collection outfit - looking for someone who had this number before me. Asked them to remove my number from their list!
just a call (again) no message
It is Chase and after so many messages from them for a person I don't even know, I finally called and told them to stop calling. I informed them that I've had the same number for 8 years and I don't the person they're looking for. The agent apologized and promised to take off my number with in 78 hours. We'll see about that.
this is chase a collection agency
numerous calls. left messages requesting return call with reference#.
no message, 3x per day, early morning call, over last 2 wks
C. Dickerson Dec 08th, 2006
left message requesting return call with reference #
Joe W Hiller Jr Nov 03rd, 2006