How to Report a Collection Agency for Calling the Wrong Number

Consumers can report a collection agency for calling the wrong number to the FTC.

Collection agencies have the legal right to collect debts on behalf of a creditor that extended credit to a consumer who has defaulted on payments. Collection agencies, however, do not have the legal right to contact persons other than who actually owes the debt, including family, friends, neighbors and employers. Collection agencies that repeatedly call the wrong number should first be verbally told that they are phoning the wrong number, followed by a letter stating the same. if they continue to call, they should be reported them to the Federal Trade Commission.

Things You'll Need

• Validation notice

Instructions

1. Put the collection agency on notice. Upon receiving a phone call from a collection agency that has the wrong number, speak with the representative and inform him you are not the person they are looking for and request a written validation notice. This notice must be sent under federal law within five days of contacting a debtor or alleged debtor. It should state the debtor's full name, the name of the creditor, how much is owed and how to report wrong phone numbers.

2. Send a letter to the credit collection agency. If collection calls continue to the wrong number, ask to speak with a supervisor and insist they remove the wrong number from their dialing queue and request their phone number and mailing address. In addition, send a letter via certified mail to the collection agency stating they are violating the Fair Debt Collections Practices Act by continually contacting the wrong number. Include a copy of the validation notice.

3. Report the collection agency to the Federal Trade Commission (FTC). The FTC regulates collection agency contact. They provide consumer protections from unfair debt collection practices and enforce the Fair Debt Collection Practices Act with a statutory $1,000 claim should a collection agency violate the FDCPA.

4. Hire an attorney. If a collection agency continues to phone the wrong number, it is in violation of the FDCPA. An attorney will ask you keep a record of all contact dates and times and will send a notice of representation. Should there be any other attempts at contacting the debtor through the wrong number, the attorney can file civil suit against the collection agency.

Tips & Warnings

• Check your credit report to ensure that there is not an inaccurate entry stating that you are responsible for a debt that is not yours.

• Do not record any conversations from a collection agency calling the wrong number unless you expressly disclose that you are recording the conversation and get their permission to do the same.

References

• Caveat Emptor: Debt Collectors and Wrong Numbers---How to Handle a Case of Mistaken Identity
• Privacy Rights Clearinghouse: Debt Collection Practices---When Hardball Tactics Go Too Far
• Financial Crisis 2009: How to get collection agency to quit calling

Resources

• FTC: Debt Collection FAQs---A Guide for Consumers