Legal Question in Credit and Debt Law in Pennsylvania

collections call

Someone called my home phone everyday; sometimes 2-3x's asking for my daughter. I told them they wouldn't be able to reach her here and asked who was calling. They would hang up. Today I answered and they asked if i was her; i said yes and they preceeded to tell who they where; i stopped them and told them i was her mother, she would not be reached here, and to stop calling this number. They got loud and asked if i knew it was against the the law to present myself as someone else and that this call is being recorded. i hung up. Am i in trouble? I called my daughter and she said she would say it was her because we sound so much alike.


Asked on 6/07/07, 5:03 pm

2 Answers from Attorneys
John Jackson Law Office of John A. Jackson, P.C.

Re: collections call

You are not in trouble but sounds like the collection agency is shady.

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Answered on 6/07/07, 5:27 pm
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: collections call

You asked about a collections problems.

First off, it is not unlawful to pretend to be someone else on the phone unless you are speaking with a government official or with the intent to defraud. You had neither. Collections are governed by several laws most notably the Fair Debt Collections Practices Act and the Fair Credit Reporting Act.

Read these laws and then stick it to the collectors. Keep a pen and paper by the phone. Make a log of who calls when and what company they represent. If you have caller ID copy that information. Tell them verbally that your home is your place of work and the management does not allow unapproved personal phone calls. (It may be your home but you also do a lot of work to keep it up don't you?) They must not call again. Explain further that calls may not be made outside of business hours or on weekends at any time. If they call at all or outside of those hours you have a FDCPA claim. Then send a letter specifically stating that they may only deal with you via the mail. If the call again...

So what good is that FDCPA violation? Well, they are worth $1,000 dollars penalty plus actual damages to the party being contacted. Better yet, the collection agent can be forced to pay your legal fees which normally come in around $2,500 for these cases.

Regards,

Roger

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Answered on 6/07/07, 7:29 pm


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