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About Regan Shinski
Expertise
I can answer questions on collections, repossessions, bankruptcy, credit repair, credit counseling, FICO scores, credit planning, and the cause and effect of credit related decisions. I can also answer questions on collection settlements and preparing to sue your creditors for false debts and credit credit reporting.

Experience
Fifteen years ago I was financially devasted due to severe health issues. I filed bankruptcy, had a foreclosure, car repossession, tax lien, and ruined credit. I immersed myself in credit law. I settled dozens of accounts and had them removed to improve my credit. I personally sued four creditors and collection agencies and won cash settlements for their false reporting on my credit reports. Since then, I have completely recovered and have nearly $100,000 in revolving credit lines and perfect credit. I have owned a credit repair company for the past five years and have an additional three years of specific work in the collections and debt management industry. I am fully versed in the Fair Debt Collection Practices Acts (FDCPA), Fair Credit Reporting Act (FCRA), and have used them successfully in collection settlements and lawsuits for myself and others. I am also familiar with and abide by the Credit Repair Organizations Act (CROA). I have deleted or helped delete literally hundreds and hundreds of derogatory items from consumers' credit reports and helped negotiate many settlements with collection agencies and creditors. I have also advised people on bankruptcy at any stage. In the current credit market, I have successfully advised numerous people on how to obtain credit and how to negotiate for better terms.

Education/Credentials
BA University of Minnesota

You are here: Experts > Business > Corporate Law > Collections Law > Telephone harassment by creditor

Collections Law - Telephone harassment by creditor

Expert: Regan Shinski - 11/16/2009

Question
Hi,
I would like to know what to do about this: For more than 3 months (as long as I've had my new Comcast phone number) I've been getting calls from a collection agency anywhere from one to five times a day, asking for people I don't know. I've told them that early on but wasn't documenting anything at the time. The calls continued, with only one or two days without calls, up to and including today. They call between 8am and 9pm, but they call after I've told them the person they're looking for doesn't live here and to stop calling unless it's about ME. They wouldn't identify the company name or their name, if I asked, they would simply hang up. Caller ID shows the name as UNAVAILABLE and number as UNKNOWN NUMBER. I finally used Call Trace (*57) on three of their calls, contacted my local police department and a police officer went to Comcast and got the number (won't give it to me, of course). He was SUPPOSED to call whoever is harassing me and tell them to stop - this was 11/09/09 that I went to the police and 11/10/09 that the police officer was supposed to have called the collection agency. The next day, the officer went on vacation. I've continued getting calls on 11/10(2 calls),11(3 calls),12,15 & 16 (1 call on the last three days). None of the attorneys I've spoken with have wanted to take the case on contingency and I don't have $300 to pay their fee. The man who called today, FINALLY gave the company name (MCM - Midland Credit Management) and he claims his name is Frank Diego but his accent is East Indian. He claims he will remove my name from their calling list, however I KNOW I've spoken with this same man in the past and he has made the same promise in the past. I have been documenting the date and time of calls, which ones I've traced and which ones I've tape recorded (the last two so far).

Any suggestions would be GREATLY appreciated!
Thank you.

Answer
This kind of falls under the category "I know it's annoying but not big enough to do anything about." What I mean is does it rise to the level of a lawsuit? Probably not.

You're on the right track. Do some searches, get an address and send them a formal certified letter telling them not to call your number. Technically, the Fair Debt Collection Practices Act (FDCPA) forbids a collector to call a debtor if they have received written notice not to call. Even though you are not the debtor, I assume it still applies here. The police issue is good, try that again if they continue. If collection agencies have to be licensed in your state, complain to the proper licensing authority in your state. If not, complain to the the governing agencies in the state they are incorporated. Complain to state's attorney general, better business bureau, or any other professional trade organization you can find.

I mean, I guess you could eventually file a harassment lawsuit but the courts will probably be more upset with you for "wasting" their time on a trivial matter. I'm not saying I agree with that because I know it's annoying to you but there are much worse violations out there.

Keep complaining to anyone that will listen, send the certified letter to the collection agency and eventually they should stop.

Good luck,
Regan

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