debt collector harassment threats

[seriousstress]

What is the name of your state? FLORIDA
I'm being HARASSED and THREATENED by a debt collection company called RMA Risk Management Alternatives. They are calling me as many as 5 times a day. (Yes I have this documented on called id). They are asking for someone that I don't know, plain and simple they have the wrong number. They don't believe I'm not the women they are looking for. She owes $4,100.00 on a Sears Credit Card. The calls are getting nastier and more threatening. They make fun of me and laugh at me when I tell them they have the wrong number, and tell me I don't know who I'm dealing with, and that my "hot ass" is going to get it. They scream at me, and call me a liar. This has been going on for months now. I've reported this to FTC and Attoney's General Office, but no one seems to help me. Can I sue them? Does anyone know of an attorney in Florida that would take this case? I can't take this anymore.

 

[Ladynred]

Have you considered changing your phone number to something unlisted ??

Why listen to these jerks, why even TALK to them ??

I realize how aggravating they are, I've been thru a similar scenario a few years ago when a collection agency kept calling my home looking for someone that I didn't know. I had just moved here, I knew NO ONE !

If you have caller ID, do NOT answer the phone.
If you do not have caller ID..get it.
GET A TAPE RECORDER !!!!!

In the meantime, try this; get a radio and find the nastiest gangsta rap station you can find and put it near the phone. When these dipwads call, and you happen to answer it, don't say a word more, turn on the gangsta rap and make it loud and put the phone down next to the radio, then WALK AWAY ! Keep doing it..

If you don't want to go that route, get a tape recorder and TAPE THEIR CALLS, every dirty word, threat, and all the rest of their bull. You do NOT have to tell them you are taping.. GET THE EVIDENCE!

In the mean time, file a complaint with the phone company for the harrassment. These dirtbags are breaking the law, the Fair Debt Collection Practices Act (FDCPA) is the law that binds 3rd party debt collectors. That kind of verbal abuse, profanity, and harrassment is ILLEGAL !!

Read the FDCPA and learn your rights. The FDCPA was meant specifically to stop this kind of behavior. The FTC isn't going to respond to you, they never do.

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#806

Section 806 deals specifically with abuse and harrassment.

We can get you an address, you CAN sue them !!

By the way, I have it on good authority that this attorney in Tampa is very good and knows his stuff on FDCPA :

attorney Todd Burbine
727/535-8344 (Tampa)

 

[seriousstress]

thanks

Hi,
Thanks for your help. This attorney in Tampa that you mention is only 1/2 hour away from me. I will call him Monday. These peopel refuse to give me their address, so I can't send them a letter telling them not to call me. Today he called me 5 times, very worse by the day. I'm happy that this sicko doesn't have my address...I feel sorry for the poor women that owes this money. I'm taking my phone with the caller id, and putting it on my computer scanner, so that I have proof he's calling me everyday, several times a day. I will start to tape his nasty threats, will have to buy a tape recorder. Any other suggestion you have for me would be greatly appreciated. I can't change my phone number due to business.

 

[Ladynred]

Ok. Radio Shack sells a simple device for recording phone calls for about $20.

Addresses for these scum at RMA is easy

Risk Management Alternatives, Inc.
Nicole Cummins, Corporate Compliance Manager
1500 Commerce Dr
Mendota Heights, MN 55120-1023
Phone: (651) 688-5300
Fax: (651) 688-5400
www.rmainc.net

You might want to call this Compliance Manager and complain about the behavior of this jackazz that's calling you. They have 10 other offices across the country - do you know where this moron is calling you from ?

This page has their company officers names listed, you might want to go straight to the top with your complaint.

This is all their locations: http://www.rmainc.net/about/locations.asp

Their corporate offices are in Duluth, GA.

You can also register a complaint the ACA International, of which RMA is a member. Complaints are usually answered by these people too. This is the page to file an ethics complaint with ACA:

http://www.acainternational.org/consumers.aspx?cid=209

That should give you enough ammo to start firing back

 

[dc417]

debt collectors harrassment

You need to know first off that you need permission to record a conversation. Even federal law enforcement agencies know this by way of court order(ladynred). Some states allow this but you need to know if yours is one of them. Now if you an answering machine, this is different. If you leave a message on this , you voluntarily consent, enf of story. Start keeping a record of the calls and conversation. Build you case. Don't run! Forget gangsta rap, this won't do anything for you.(illadvised ladynred) Once you've gathered enough evidence, then go to your attorney. You'll want this filed in federal court. The penalties are much more severe and swift and a federal judge is dealing with federal law. Sue for no less than $1 million. Based on the evidence you have, they'll beg you to settle. trust me , I know. Don't let them off the hook. I'm not an attorney, so you must decide your next move.

 

[Ladynred]

Well, I have to disagree. Sue for a million.. that's absurd, they won't beg, they'll laugh all the way to the courthouse as no judge would EVER award that. Further, FDCPA violations are only a max of $1000 PER ACTION and unless you can prove actual damages, where the REAL money lies, you're not going to be hitting an FDCPA lottery. Suing in Federal Court is also more expensive and more rigorous.

As for taping, these morons are breaking the law !! She needs to get that evidence ON TAPE. Even the FTC says that you should tape this kind of behavior, how else can you PROVE they've done it ?? She's not going to use the recordings for illegal purposes, she needs the PROOF, otherwise its her word against theirs. IF THEY are taping the call, there is NOTHING wrong with her also taping, their consent to be recorded is already a done deal. I'd be willing to bet that THEY have not notified HER that they are recording the calls.. so who's breaking the law here ??

As for the gangsta rap, there's absolutely NOTHING wrong with putting the phone down and letting them talk to nothing or listen to ANY music, but rap is MOST annoying. They want to play nasty, so can the people they are harrassing.

 

[tbanks]

I have had a similar situation with a phone number that used to belong to a local business. We simply filter every call through an answering machine, and do not pick up the phone if it's someone we don't know.

 

[tbanks]

FYI, you're in Florida, it's illegal for you to record phone conversations without the agreement of all parties.

http://www.rcfp.org/taping/states.html