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  1. #1

    Default Can a Debt Collector from Another Country "Conform Your Identiity"

    My question involves collection proceedings in the State of: New York.

    I have a debt from AT&T and a debt collector will robo call me several times a day. When I pick up the call is either disconnected about half of the time or someone with a strong middle eastern accent asks if this is "first name." I have assumed it was the fake IRS because I've gotten so many of those calls, but every know and again I like to have fun with the fake IRS.

    I now know (425) 412-2539 is Receivables Performance out of Lynwood, WA.

    As I said someone with a strong middle eastern accent asks if this is "first name" I say yes, they proceed "is this "first name, last name" I say yes then they ask "Is this first name last name, LIVING at P.O. Box 000, city, state, zip." it always cracks me up when they ask if I live at a P.O. Box so I say "Yes, I live at P.O. Box 000..."

    They then try to transfer me to another number, half the time there is no one available to take my call. If they do get some someone they say "Good afternoon, I have Mr. Last name on the phone, Mr first name last name at address blah blah blah on the line and their rep takes over."

    My question is at what point in the call must the original caller identify themselves, at what point must they do the mini miranda, and can debt collectors have people from other countries contacting people?

  2. #2
    Join Date
    Oct 2014
    Posts
    7,733

    Default Re: Can a Collector Possibly from Another Country "Conform Your Identiity"

    Quote Quoting wingman
    View Post

    My question is at what point in the call must the original caller identify themselves, at what point must they do the mini miranda, and can debt collectors have people from other countries contacting people?
    Using the term “mini miranda” is a misnomer as the requirements for a debt collector have nothing to do with the U.S. Constitution or criminal law, which were the subjects of the Miranda v. Arizona Supreme Court case.

    Under the federal Fair Debt Collection Practices Act (FDCPA), the collector must first confirm that he or she is actually talking to the debtor. That is because the debt collector is not supposed to reveal himself/herself as a debt collector to others that the debtor may know, e.g. other persons living in the household, etc. Then before they get into the their debt collection spiel they need to disclose who they are and that the call is for the purpose of collecting a debt and that all information obtained during the call may be used for that purpose. The debt collectors apparently use a two stage screening process, one to ensure that you are the debtor, and then the call is handed off to an actual collector who confirms that information again and then goes into the debt collection routine. There is nothing in that which clearly violates the FDCPA. The FDCPA does not require that collectors be U.S. citizens or that they be based in the U.S. A debt collection firm may hire foreign persons or firms to do the work so long as they ensure that the requirements of the FDCPA are followed.

  3. #3
    Join Date
    Nov 2013
    Posts
    6,711

    Default Re: Can a Collector Possibly from Another Country "Conform Your Identiity"

    The FDCPA doesn't specify when a debt collector may or may not call you or how many times a day they can call. But you can specify to the collector what times are or are not convenient for them to call. You can also send a Cease and Desist Letter such as this:

    Date

    Your Name
    Address
    City, State Zip

    Debt Collector’s Name
    Address
    City, State Zip

    Re: Account Number

    Dear Debt Collector:


    Pursuant to my rights under federal debt collection laws, I am requesting that you cease and desist communication with me, as well as my family and friends, in relation to this and all other alleged debts you claim I owe.

    You are hereby notified that if you do not comply with this request, I will immediately file a complaint with the Federal Trade Commission and the [your state here] Attorney General’s office. Civil and criminal claims will be pursued.

    Sincerely Your,
    Name,

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