Have you Received Phone Calls from People Attempting to Collect on Loans that Do Not Exist?

Many consumers have reported receiving telephone calls from “debt collectors” attempting to collect on loans that were never received by the consumer or on loans that were received but the amount was not owed. In other cases, consumers have been receiving calls from people who are seeking to recover on loans that the consumer did receive but the creditor never authorized the calls. Consumers who are receiving such calls, be aware, these “debt collectors” may actually be scam artists.

Unfortunately, it can be difficult to tell the difference between legitimate debt collectors and fake ones. In fact, in some instances the debt collector may even have some of the consumer’s personal information, such as a bank account number. Ways to recognize if a person is a fake debt collector include:

• If the caller is seeking payment on a debt for a loan that the consumer does not recognize;
• Will not provide the consumer with a mailing address or phone number;
• Requests that the consumer provide them with personal financial or sensitive information; or
• Exerts high pressure on the consumer in an attempt to scare them into paying, including threatening to have the consumer arrested or reporting the consumer to a law enforcement agency

If a consumer believes they are receiving calls from a fake debt collector, they should:

• Ask the caller for his name, the name of his company, street address, and telephone number – Consumers should inform the caller that they will not discuss their debt with the caller until they have received a “validation notice” in writing. This notice needs to include the amount of the debt, the creditor the consumer owes name, and the rights of the consumer under the Fair Debt Collection Practices Act (FDCPA). The consumer should not pay the caller if they caller refuses to provide all this information in writing. Just paying the fake debt collector does not make them go away; they may just make up another debt in an attempt to get more money from the consumer
• Stop speaking with the caller – If the consumer is able to obtain the caller’s address, they should send the caller a letter demanding that they stop contacting them. The consumer should send the letter return receipt requested and keep a copy for their files. Under the FDCPA, real debt collectors must stop calling consumers if asked to do so in writing
• Do not provide the caller with any personal sensitive information – Consumers should never give or confirm personal sensitive information to callers unless the consumer knows who they are dealing with
• Contact their creditor – If the call the consumer received was about a legitimate debt, they should contact their creditor about the calls to confirm that the debt collector was legitimate as well
• Report the call – Consumers who receive suspicious calls should contact the Federal Trade Commission (FTC) and their state Attorney General’s office and provide them with the information about the suspicious calls. In addition to the FDCPA, many states have their own debt collection laws and the consumer’s state Attorney General would help the consumer to determine their rights under state law

Our experienced attorneys here at Krohn and Moss Consumer Law Center have also provided many helpful resources regarding the TCPA and the FDCPA and how telephone debt collectors should act. We have been successfully representing those abused and taken advantage of by debt collectors for years, and have a long list of successful stories to share with you. We offer a FREE CASE REVIEW for you to assess whether we can assist you with your matter. Please do not hesitate to contact us toll free at 1-800-875-3666 or visit our website at http://www.krohnandmoss.com/.