I recently fell behind on my auto loan through CPS (Mercury Finance) by only 15 days past due. I am a tile setter by profession and set tile for homeowners. This company illegally obtained my wireless phone records and the phone is not even registered in my name, I am on someone else's account! They have taken these phone logs and called every single person that I had called the past month which includes family, friends, neighbors, my employer's cell phone, business contacts and customer's whom I had set tile for.
The only way they could have gotten my customer's numbers, my business contacts and my employer's cell # is by obtaining my cell phone call log! They are calling and harassing these people numerous times a day and have gone to the very illegal extent of telling these third parties about my debt, how much it is, how past due I am and that they are going to re-po my vehicle.
These third parties have told CPS to stop calling them and they won't... Automated calling system to make people's phones ring off the hook! Now, to top it off, the person whom holds the account that my cell phone is under has also had their cell phone call logs illegally obtained because the people that they had called have gotten phone calls about my debt!
I have done my research and I know that my rights as a consumer have been grossly violated by this company. Anyone out there who does not know their rights this is the Act to look up on the internet and read... Fair Debt Collection Practice Act. Creditor's CANNOT divulge ANY information about your debt to anyone but you. They cannot call a third party about you more than one time. They cannot obtain your phone logs... Obviously! They cannot threaten to take any legal action against you unless they immediately intend to do so. They cannot use any type of abusive language towards you. They cannot contact third parties if you send them a letter telling them to cease and desist all contact from then on with third parties... Send it certified mail return reciept requested so they cannot deny having recv'd it. You can also send them a letter telling them that they may only contact YOU by mail from now on and no longer by phone... Sent same way!
Any unfair treatment by any creditor should be reported to the Attorney General's office of your state and theirs and the Federal Trade Commission. I strongly suggest that if you have an investigative news reports reporter for your local news station to send a copy of the complaint to them as they may help you and can investigate it and show it on the news to make the public aware of this company's illegal and horrible practices. Believe me, this route works very well as no company wants their name drug through the mud and misdoings aired on public TV for thousands or even millions to see! This is one threat I use very often when there is a problem with a company and it works in my favor every time. I myself and the person who holds the account for my cell phone will be obtaining an attorney to sue CPS for the numerous violations of the law they have done against me. Hopefully it will be a happy ending.
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