Attorney

[SpiritWebb]

So whoever had this cell number before I got it...I keep getting collection calls from Direct TV. I have threatened an attorney for harassment, and for some reason, THEY ARE STILL CALLING!!! Apparently they don't believe me...attorney on call...gah

[Jackolantern]

I used to deal with harassment calls for a while at a phone company I used to work for. Harassing calls directed at the previous owner of your phone can be very difficult to deal with, since they had a business arrangement with the previous owner and had a legal right to call them. The laws were changed a few years ago to make it a bit easier to deal with it.

I don't know about going directly to an attorney. You will pay a lot of money and have to spend a lot of time just to make them stop calling you (you won't get any damages or anything like that) and it will take as long or possibly longer than this. You could first try:

1. Get documentation from your cell phone company stating the date you received this number.

2. Try to speak with the collections agency next time they call, and ask where you can fax the proof that you are not that person. Don't yell at them or anything like that. People lie all the time and say that they aren't the person the collection rep is calling for, new number, person died, etc. You will get much further with them and get a resolution much faster and easier if you work with them instead of against them. Record the name and extension of how is going to receive the info and the date you called.

3. Fax the info to where they said to send it. If for some reason the collection agency is not being responsive to your request, call DirectTV directly and demand that they help you. They will typically refer you to the collection agency, but if you speak to a manager and advise that the collection agency is harassing you and isn't helping you to send the info, they should receive it themselves. They can call off the collections calls. Again, record all info about this call.

4. Give it at least 14 days to get the number taken out of their autodialer.

5. If they continue to try to collect, begin the process of making a complaint to the FTC. Here is a nice little About.com page on how to begin making a complaint.

If the above doesn't work, then I would contact a lawyer.

[hallsofvallhalla]

If they are calling you on a automated dialer then it is against the law. The FCC bans all calls to a cell phone from automated dialer, and that does not mean just a recorded message. That means the dialer calls then when you answer it hands over to a live agent. I work for the largest call center company in the world

Call the FCC if this is the case. Tell them you are on a minute plan with your cell phone and it is eating up your minutes. They will fine the company. Trust me....

[SpiritWebb]

Following:

1. Already have that.
2. The number that I get goes directly to Direct TV. "If this is so and so, press one. If so and so isn't available, press 2." I press 1 cause I get no other option, and it goes to a Direct TV representative. I have explained the date when I got the phone number, would show them proof of it. They said it will take 2 days to get it out of the system, that was a month ago. When they called yesterday 6-13-10. I tried being nice, when I asked for a supervisor he wouldn't do it. By law, if requesting for one, they have to stop the convo and hand it too them. He argued with me. I told him if he didn't stop i would hang up, call back. He didn't, so I did. I just got the phone numbers for the possible Collection Agencies, that I will have to call and inform them.
3. I will as soon as I speak to the collection agency that is handling it. Even though Direct TV said they would handle it.
4. They told me 2 days, not 14.
5. Never knew about the FTC

Attorney, I just wanted to use the consultation for legal advice at the moment. 2nd, I would use the attorney, if we dont win, you dont owe us.


I am just so sick of it. I had another collection agency call, and I told them the same thing, and they stop calling. However, Direct TV won't stop. I spoke with ATT and about it, and they gave me a bunch of roll over minutes to make up for it, and to prevent me from going over the day minutes just in case. So I was pleased about that...now if Direct TV would stop.

Halls: Yes its an automated dialer.

[Jackolantern]

The FCC does not handle issues with debt collection services. The FTC handles those if it is a violation of federal laws, and miscellaneous local agencies handle it if it deals with a state exclusive law. And they are legally allowed to use autodialers by federal law as long as they answer within a set amount of time. Some states may ban them in their own jurisdiction, however. Collection agencies follow a completely different set of rules than telemarketers and other callers. If they are an in-house collection department, then they follow typical telemarketer rules. However, they are totally different if they are a licensed collections agency; some rules are more strict, and some are more loose. They are even allowed to call with a pre-recorded message if they have bought an account from a company you had a previous business relationship with.

EDIT: If the number goes to DirectTV, it is likely an in-house collections effort. Collection agencies have to state what collection agency they are with, so if the call is not branded, it is either an in-house collections effort of they are breaking the law. If it is in-house, then you may actually have to go through the FCC instead of the FTC, since the FTC handles licensed collections agencies specifically.

EDIT2: Sorry, just saw where they told you it is an outside collection agencies.

These are the worst. I definitely feel for you. It would actually be a lot more simple if it was an in-house collections department, since they are much more restricted in most aspects and answer directly to the FCC.

[hallsofvallhalla]

sorry I meant FTC, I had allot of vodka last night

And they are legally allowed to use autodialers by federal law as long as they answer within a set amount of time.

no no no

i run and build automated dialers, I am required to know these laws. Collections agencies have been throwing around false information for years. I don't care who you are, you cannot call a cell phone from a automated dialer..BUT if you own the company money they are less likely to help you get them off your back.

It does not matter how fast you answer or whatever. Trust me I work in this field.

And through my connections I found out Convergys handles DirectTV

http://www.convergys.com/

I also found out some insider information. Convergys uses a system called Doris. They aslo do not record all calls. Call convergys and tell them a agent called you last night and gave you this number saying their dialer system doris told you to call them, ASK DORIS FIRST! is what he was yelling. Tell them he said he was a mad agent because he was laid off in the Chattanooga, tn office. Give them your number and say look. I think you need to remove my number from your system ASAP!

This might be old info, I contacted a guy that use to run their dialers about 3 years ago. Worth a try If they still have the Direct TV account they will rush to get you removed. Thats a promise.

[Jackolantern]

Ohhh, that's right. I forgot we are talking about calls to cell phones. Yeah, I think that is against the law.