Have you been receiving calls from people claiming to be debt collectors? At Mike Agruss Law, we understand that it can be frustrating and annoying to keep receiving these calls. But did you know it may also be illegal for them to keep calling you?
If you are being harassed over a debt that you don’t owe, you have rights. If you have fallen victim to continuous or threatening debt collector calls, then get in touch with Mike Agruss Law today for help stopping them.
Suppose a debt collector has violated the law. In that case, you may also be eligible to receive compensation, and the debt collection company will have to pay your attorney fees and costs. This means you will not have to pay us a penny for our time. Contact the debt collection attorneys at Mike Agruss Law today!
Why Does A Debt Collector Keep Calling When You Don’t Have Any Debt?
There are many reasons why a debt collector might be calling you when you do not have debt. They could be making a simple mistake. Or the reason is more sinister and they are trying to scam you and take your hard earned money. Here are a list of common reasons why a collection agency might be calling you despite your having no debt:
The debt collector called the wrong phone number
Debt collectors are human, and humans make mistakes. If a collector calls you regarding a debt you don’t owe, perhaps they simply called the wrong phone number.
The debt collector mistaked you for another client
Mistakes happen to everyone. Sometimes, a collector may mistake you for someone else who owes real debt. We have seen this occur many times, especially when a person may have a common or similar-sounding name to the real client. Always clarify the name of the person who owes money while not giving out any personal information (like your social security number).
They are unaware you paid your debt
Sometimes, you previously owed a debt but you already paid it off or had it discharged. You may have paid the original creditor, but a third party debt collection agency took over the case from the original creditor.
Third-party debt collectors are agencies that are responsible for recovery from an original creditor. They may be a legitimate debt collector. In addition, third party collectors frequently purchase debt from original creditors. In these cases, the new third party collector handling your case may be unaware that it has been paid off. In these cases, it is best to send the new agency a letter with proof that the loan was paid, and instruct them not to contact you anymore.
Someone is trying a debt collection scam
Unfortunately, people across the world target people in debt collection scams. In these scams, fake debt collectors try to get you to pay money that you don’t owe or a debt that has already been fully paid or discharged.
Have You Been Targeted But Don’t Owe Money? We Can Help!
If you believe you have been contacted by a collection agency for a debt you do not owe, you should not be contacted, threatened, or harassed. If they continue to resume the collection attempts, you have legal options.
Our founding attorney, Michael Agruss, has settled over 1,500 debt collection harassment cases. Any team member at Mike Agruss Law can help you, too. Not only can we help stop the harassment, but we can get you financial damages if you are eligible. We also give free consultations so you know for sure if you have a case before pursuing legal action.
Debt Collector Scams and How To Avoid Them
Unfortunately, debt collector scams are on the rise. In 2022, the Federal Trade Commission received nearly 12,000 reports regarding fake debt collections. These scams can be run by people in the United States or even by people across the world. These scams usually try to prey upon elderly, uneducated, or financially vulnerable populations, but they can target anyone. Any person can fall victim to these ruthless scams. However, there are things to look for to determine if you are dealing with legitimate debt collectors. Here are several red flags to look out for in a debt collection scam:
You do not recognize the debt
An immediate red flag is when you do not know anything about the debt they allege you are responsible for.
You do not recognize the company, or the caller will not disclose the company name
While it is possible that a collection agency different from your original creditor is handling collection efforts, all debt collectors must be transparent and have full disclosure under the law. If the person you are talking to will not disclose basic information, you may be dealing with a scammer.
They contact you at unusual times
Under the law, a collector is only allowed to contact someone between 8 am and 9 pm. If a collector calls you at an unusual time, they are violating your rights or a scammer.
The person you speak to sounds foreign
Many scammers prey on vulnerable Americans to make a quick buck. Check whether the caller sounds foreign or has an accent. While it may not prove anything, as legitimate debt collectors can have accents, it is something to look for.
They are overly aggressive
No consumer deserves abuse or harassment! It is a major red flag if you are talking to someone that is overly aggressive. Never give any caller your personal or financial information (such as your street address or bank account numbers).
They demand payment
Many scammers try to collect instant payment from a victim. Beware of any collector who demands immediate payment. The point of a legitimate collection agency is to make acceptable debt repayment. Be especially aware if a caller asks for payment by money transfer, prepaid gift cards, wire transfer, cryptocurrency, or other non-traceable payments. Legitimate debt collectors will only accept normal payments such as checks and credit cards.
They threaten you or your family
Common types of threats include jail time, bankruptcy, and a ruined credit report. Always be skeptical if they say that something bad will happen if you do not make an immediate payment. Real debt collectors will not do this! If you believe that you have been the target of a debt scam, contact your local law enforcement, your state’s attorney general, and the Federal Trade Commission. Additionally, contact Mike Agruss Law!
What to do if a debt collector is calling you without reason?
There are things you can do if a collector is calling you about debt that you do not owe. If you are being contacted, here are some helpful tips:
- Ask for specific information regarding the original debt.
- Ask for a debt validation letter.
- Tell the caller to cease contact with you.
- Write a letter to the debt collection agency to stop contacting you. You can also include proof of debt payment along with the written correspondence.
- Check the statute of limitations, since you may not even owe a debt anymore if it is outside the statute.
- Contact an attorney who can help stop the harassment! You may even qualify for compensation.
The Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from unfair and abusive debt collection practices. It applies to all consumers in all 50 states and the District of Columbia. The FDCPA creates the guidelines under which debt collectors may conduct business, defines rights of consumers involved with debt collectors, and prescribes the penalties and remedies for violations of the FDCPA.
The FDCPA is the law which dictates what debt collectors can and cannot do while collecting a debt and what they are legally obligated to do while collecting a debt. While the FDCPA sets the regulations, unfortunately not all debt collectors obey the rules. That is where we come in. If you feel your rights under the Fair Debt Collection Practices Act were violated, contact the FDCPA attorneys at Mike Agruss Law immediately.
Debt Collection Agencies That Might Be Calling You
We have seen multiple complaints about debt collection agencies that call clients without cause. Some of the collection agencies that our clients have encountered include:
- Portfolio Recovery
- Nationwide Credit, Inc. (NCIRM)
- Valor Intelligent Processing
- ASG Recovers
- Financial Business and Customer Solutions (FBCS)
- TSI
- Nuvell Financial (now Ally Financial)
- Wakefield & Associates
- Admin Recovery
- Midland Credit Management
If any of these agencies have been aggressively calling you, we can help them stop! Call Mike Agruss Law for a FREE case review.
Mike Agruss Law Can Help You
If you have been the victim of debt collectors calling you about debt you do not owe, contact Mike Agruss Law for a free case evaluation. Based on debt collection law, any debt collector who fails to comply with any provision of the FDCPA is responsible for any actual damages sustained, punitive damages, and statutory damages up to $1,000.00.
Additionally, the FDCPA sets a fee-shift provision, which means that the at-fault collection agency will be responsible for paying the attorney’s fees and costs. Mike Agruss Law, headquartered in Chicago with offices all across Illinois, has won thousands of debt collection harassment cases nationwide. Let our debt collection attorneys help win your case!
