About Michael Brotherton Expertise Consumer/Debtor Rights Advocate.
Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years.
Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com.
FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY.
Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be.
Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems.
www.financialemergency.com (copy and paste in browser).
Experience 30 years experience negotiating disputes and resolving financial issues related to consumer debt, corporate debt, and mortgage restructuriing.
Question I have been receiving at least two calls daily from a collection agency for the past few months. I have caller ID, so I haven't answered any of the calls. But the first few calls were from a number in Ontario, Canada, then after a month or so, they started coming from a number in Minnesota. In recent weeks caller ID shows "Rose's Daycare" in the 317 area code. I Googled the number and it is a service for home care for seniors, but the voicemail was from the agency. I could tell because the voicemail messages are all similar. It is always a recorded voice stating a name and a title something like "operations manager" and demanding that I get in contact via a toll-free number. The most recent messages, also a recorded voice, say "I have been retained..." No statement that she is an attorney, just the reference to having been retained. One time, while still coming from the Ontario number, the message claimed the caller (also a recorded voice) had some information regarding my federal income tax refund (I wasn't due one).
At some point, I will answer the phone, get a mailing address and send a "cease and desist" letter. But, has this agency has been breaking the law, and if they have, should I refer to my state's (NY) AG or other authority?
Thank you.
Answer I believe they have violated the Fair Debt Collection Practices Act by claiming to be someone other than who they are. You may file a complaint with the Federal Trade Commission and your state Attorney General. They may be able to stop the calls but may not be able to represent you directly in filing suite. If found to be in violation you sue for damages and may be awarded up to $1000 per violation. You may also check your state collection laws to see if there are other laws they may have violated.
