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You are protected from this practice by the federal Fair Debt Collection Practices Act. It requires bill collectors to ensure they communicate only with persons legally owing debts and to no one else. They may attempt to collect only the amount legally owed -- no mailing fees, no phone bills, no service charges or fines, etc.
The Federal Trade Commission Web site (tulsaworld.com/FTCcollectors) says you can stop such contact by writing a letter to the collector telling him to stop. "Once the collector receives your letter, he may not contact you again except to say there will be no further contact or to notify you he or the creditor intends to take a specific action.
"The collector may contact other people, but only to find out where you live, what your phone number is and where you work. Collectors are prohibited from contacting
such third parties more than once or your place of employment if your employer objects.
"Within five days of your first contact, the collector must send you a written notice telling you the amount you owe; the name of the creditor and the action you must take if you don't owe the money. The collector may not contact you if, within 30 days of your receiving his written notice, you send the collection agency a letter stating you do not owe the money. However, a collector can renew collection activities after you are sent proof of the debt, such as a copy of a bill for the amount owed."
Your first move is to dispute the debt and insist in writing you are not the person owing it. Demand the company either produce written proof you owe the amount or cease further contact with you. The act requires collectors, once receiving your dispute letter, to cease contacting you until they verify the debt. If the collector ignores your explanation and keeps calling and demanding payment, write a letter similar to the one below and send it certified mail, return receipt requested. The address is Elite Financial Services, P.O. Box 18508, Raytown, MO 64133.
"Regarding your collection notice, I am not the person named in it and do not owe the amount stated. In accordance with the Fair Debt Collection Practices Act, Section 809(b), I dispute this debt and demand you provide the name and address of the original creditor and written proof I owe him this amount.
"I demand you cease your debt-collection attempts until you provide verification of the debt and a copy of any judgment stating same. I also demand you mail this to me at the address provided. Until validated, you are hereby informed your debt information is inaccurate. If you have reported this to credit-reporting agencies, you will immediately inform them of this dispute letter. Under the act, and the Fair Credit Reporting Act, I have the right to sue you in state or federal court within one year of this date. I will not hesitate to report violations of these laws to my state's attorney general, the Federal Trade Commission and the Better Business Bureau."
Submit Action Line questions by calling 699-8888 or by e-mailing phil.mulkins@TulsaWorld.com or by U.S. mailing it to Tulsa World Consumer, PO Box 1770, Tulsa OK 74102-1770.
To see more of the Tulsa World, or to subscribe to the newspaper, go to http://www.tulsaworld.com. Copyright (c) 2008, Tulsa World, Okla. Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.
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