I've been dealing with a renegade collection company for four months straight now. They are trying to collection on a debt that my health insurance has paid in full and I am no longer responsible for. Nevertheless, the calls keep coming I wrote them two letters via Certified Mail with Return Receipt. They got them both but deny ever getting them. Heres the first letter I wrote them:
October 27
Bay Area Credit
50 Airport Parkway
San Jose, CA 95110
RE: Continued Auto-Dial Phone Calls
Dear Sir or Madame:
I have called you several times now and it is my continued belief you are calling the wrong phone number. The Customer Services representatives I have spoken to have repeatedly assured me that they would investigate and terminate the auto-dialing calls to my phone number.
The calls continue. You are in violation of both federal and state law. The calls are in violation of the following federal laws:
TITLE VIII - DEBT COLLECTION PRACTICES
(Fair Debt Collection Act)
804. Acquisition of location information [15 USC 1692b]
Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall —
(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;
3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information.
805. Communication in connection with debt collection [15 USC 1692c]
(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt —
(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except —
(1) to advise the consumer that the debt collector's further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
806. Harassment or abuse [15 USC 1692d]
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section
(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
(The Auto-Dialer calls are made at all times
of the day, ie: early mornings, weekends,
dinner hour, minutes before 9pm PST)
(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.
(The Auto-Dialer message does not reveal
the nature of the call or company/individual responsible
for the call)
You are also in violation of Washington State Law. The Revised Code of Washington describes those practices you continue to violate:
Revised Code Of Washington
Chapter 19.16 RCW
COLLECTION AGENCIES
RCW 19.16.250
No licensee or employee of a licensee shall:
Prohibited practices. (9) Communicate or threaten to communicate, the existence of a claim to a person other than one who might be reasonably expected to be liable on the claim in any manner other than through proper legal action, process, or proceedings except under the following conditions:
(ii) The debtor has not in writing disputed any part of the claim.
(11) Communicate with the debtor after notification in writing from an attorney representing such debtor that all further communications relative to a claim should be addressed to the attorney: PROVIDED, That if a licensee requests in writing information from an attorney regarding such claim and the attorney does not respond within a reasonable time, the licensee may communicate directly with the debtor until he or it again receives notification in writing that an attorney is representing the debtor.
12) Communicate with a debtor or anyone else in such a manner as to harass, intimidate, threaten, or embarrass a debtor, including but not limited to communication at an unreasonable hour, with unreasonable frequency, by threats of force or violence, by threats of criminal prosecution, and by use of offensive language. A communication shall be presumed to have been made for the purposes of harassment if:
(a) It is made with a debtor or spouse in any form, manner, or place, more than three times in a single week
(I often receive two to three Auto-Dialer
telephone calls per day)
(13) Communicate with the debtor through use of forms or instruments that simulate the form or appearance of judicial process, the form or appearance of government documents, or the simulation of a form or appearance of a telegraphic or emergency message
(ie: Auto-Dialer message immediately States:
"We have an important call for you".)
I am once again directing you and all your agents to immediately cease any and all attempts to communicate with me. The auto-dialer phone calls will stop immediately.
I anticipate your swift response to rectifying this matter.
Sincerely,
*
November 16
Bay Area Credit
50 Airport Parkway
San Jose, CA 95110
RE: Use of Automated Telephone Dialing Machine
to Make Repeated Harassing Telephone Calls
Dear Sir or Madame:
I have spoken to your representatives on the telephone before, and it appartently has no impact on your company's refusal to stop making harassing telephone calls to me.
The calls will stop effective immediately. You are in violation of Federal law.
First, the law states you cannot harass using a telephone. The law then states you must reveal to the consumer who you are and the nature of your call. I spent quite a bit of my own time tracking you down. Read the law, follow the law. Stop the calls.
TITLE VIII - DEBT COLLECTION PRACTICES [Fair Debt Collection Practices Act]
806. Harassment or abuse [15 USC 1692d]
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.
(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.
(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603 (f) or 604 (3) 1 of this Act.
(4) The advertisement for sale of any debt to coerce payment of the debt.
(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.
Next, I am telling you that I do not have any money or means of paying any outstanding debts. Oh, before you go and get yourselves all excited about placing liens on my property, please let me burst that bubble too. I no assets whatsoever. I have no cash on hand. I have no savings accounts, money market accounts, mutual funds, CDs, 401 (k) accounts, savings bonds, bonds of any type. I do not own my car. I do not own a home or have any real estate holdings whatsoever. My monthly liabilities always exceed my monthly income and I am always in debt.
If you use legal remedies as a means of recovering this debt, you will have absolutely no means of recovering your claim. I am on Social Security and you cannot touch those earnings. Since your memory lapse appears quite sever, please allow me the honor of refreshing your collectively weak minds:
Title 42 chapter 7 subchapter ii 407
407. Assignment of benefits
(a) In general
The right of any person to any future payment under this subchapter shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
Although Social Security is not my only income, my other means of income also cannot be garnished. This time it is state law that prohibits you from touching this source of income. Since I'm going to assume you are unfamiliar with Washington State law forbidding you from touching my retirement benefits, please allow me to introduce you to the Codes of Washington State:
Revised Code of Washington (RCW)
Title 6
RCW 6.15.020
Pension money exempt — Exceptions — Transfer of spouse's interest in individual retirement account
(3) The right of a person to a pension, annuity, or retirement allowance or disability allowance, or death benefits, or any optional benefit, or any other right accrued or accruing to any citizen of the state of Washington under any employee benefit plan, and any fund created by such a plan or arrangement, shall be exempt from execution, attachment, garnishment, or seizure by or under any legal process whatever. This subsection shall not apply to child support collection actions issued under chapter 26.18,26.23, or 74.20A, RCW if otherwise permitted by federal law
So, I hope you read this letter. I hope you folks will put this letter in a special place where it can be seen again, perhaps in something called, "a folder." Then anyone who gets the urge to to call me again will catch themselves and phone another unfortunate victim of your company's automated telephone harassment system.
I suggest that I do not hear from you again. This letter and all past letters I have sent you will be sent to various consumer agencies, including, but certainly not limited to, the Federal Trade Commission and The Washington State Attorney General's Office and you risk reprimand or revocation of your license as you will be reported to the Washington State Department of Licensing.
If your automated calls continue, you will be violating both Federal and State Laws.
Stop the calls effective immediately. Thank you for your anticipated prompt action.
Sincerely,
Cc: File
Future Letter Attachments
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If anything the calls because more frequent after I wrote these letter. Sometimes two or three times per day. Everyday.
*
I reported Bay Area Credit to the American Collectors Association:
January 3
ACA International
PO Box 390106
Minneapolis, MN 55439-0106
RE: Complaint No. 112905al. 01
Attn: Ms. Ann Ludes, Associate Staff Liason
Dear Ms. Ludes:
I have reviewed the enclosed letter from Mr. Priest of Bay Area Credit. I find the letter very perplexing. Mr. Priest asserted that his agency never receive one of the letters I mailed. One missing letter can be explained, but his explanation for missing two letters is highly questionable.
Mr. Priest's letter also asserted that "we have called this person (I prefer Mr. St.in the future) many times and left messages. We have never had the courtesy of a return telephone call."
Enclosed please find a audio cassette tape. I apologize in advance for the quality of the tape. These two messages on the tape are recordings of the last two messages left by Bay Area Credit. This is the same exact "auto-dialer" message I have been left dozens of times in the past. After filing this complaint I wasn't going to respond to another auto-dialer message.
Please keep this audio cassette handy. I will ask you to review it again later.
Mr. Priest picked only one of the numerous complaints I have filed against Bay Area Credit. I would ask that since Bay Area Credit must have the letters as they were sent by the ACA that all the complaints be addressed. I stongly refute Mr. Priest's assertion that none of my US Mail or e-mails were received. None of my US Mail to Bay Area Credit was returned as "Undeliverable". I therefore must assume the US Mail reached it's destination. For the time being, let's put the issue of whether the Complainee received my letters. I still assert that ACA Rules and Ethics were violated. Below are examples of ACA Rule and Ethics, Federal Laws and Washington State Laws that Bay Area Credit knowingly and repeatedly violated:
TITLE VIII - DEBT COLLECTION PRACTICES [Fair Debt Collection Practices Act]
806. Harassment or abuse [15 USC 1692d]
(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
Bay Area Credit used "Auto-Dialer"
technology to repeatedly harass
me by dialing my home phone number
as many as three times per day for
almost two straight months.
(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.
Please review the enclosed tape again.
Keep in mind this is the only message ever
left by Bay Area Credit. This message was left
literally dozens and dozens of times over
a two month period. The message gives absolutely
no clue whatsoever as to the identity of the
caller or the reason for the call
*
Bay Area Credit is licensed to do business in Washington State, yet they routinely violate Washington State Law. Mr. Priest's letter never mentioned my Complaint to the ACA included the following Washington State Law Violations. I continue to assert these Law Violations are in violation of ACA Codes and Ethics and respectfully should be investigated by the ACA as it appears Bay Area Credit refuses to offer an defense.
Violate:
Revised Code Of Washington
Chapter 19.16 RCW
COLLECTION AGENCIES
RCW 19.16.250
No licensee or employee of a licensee shall:
12) Communicate with a debtor or anyone else in such a manner as to harass, intimidate, threaten, or embarrass a debtor, including but not limited to communication at an unreasonable hour, with unreasonable frequency, by threats of force or violence, by threats of criminal prosecution, and by use of offensive language. A communication shall be presumed to have been made for the purposes of harassment if:
(a) It is made with a debtor or spouse in any form, manner, or place, more than three times in a single week
(I often receive two to three Auto-Dialer
telephone calls per day)
(13) Communicate with the debtor through use of forms or instruments that simulate the form or appearance of judicial process, the form or appearance of government documents, or the simulation of a form or appearance of a telegraphic or emergency message
(ie: Auto-Dialer message immediately States:
"We have an important call for you".
Please review enclosed audio tape of
messages left for me. These messages give
the false impression of an "emergency
message)
*
Although I continue to assert Bay Area Credit was notified of their lack of any means of financial recovery should Bay Area Credit pursue this matter into the Courts, I take special note that once again Mr. Priest didn't even mention a very important facet of my letter.
The letter sent to Bay Area Credit by The ACA included a letter mentioning that I have no assets whatsoever. I have no cash, bank accounts, IRA accounts, 401 (k) accounts, Money Market Funds, Mutual Funds, Savings Bonds, or any Bonds for that matter. I have no real estate holdings. I do not even own a car. There nothing that a lien can be placed upon. I have never been married, so their is no spouse that Bay Area Credit can go after. None of this, nada, ziltch, zero was even vaguely mentioned in Mr. Priest's letter.
Mr. Priest had a copy of both letters when he carefully and thoughtfully responded to The ACA as The ACA had forwarded copies of my letters ensuring Mr. Priest knew all of my complaints.
Among the many ACA Rule and Ethics Violations Mr. Priest neglected to even mention or address is my official notification of exemption from garnishment, attachment, liens or any other means of financial recovery. I am on Social Security and that income cannot be garnished or touched in any way.
Title 42 chapter 7 subchapter ii 407
407. Assignment of benefits
(a) In general
The right of any person to any future payment under this subchapter shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
*
Bay Area Credit received a copy of my Complaint letter from The ACA. I also informed Bay Area Credit that Washington State Law precluded them from garnishing or touching my remaining income of a Disability Pension.
Revised Code of Washington (RCW)
Title 6
RCW 6.15.020
Pension money exempt — Exceptions — Transfer of spouse's interest in individual retirement account
(3) The right of a person to a pension, annuity, or retirement allowance or disability allowance, or death benefits, or any optional benefit, or any other right accrued or accruing to any citizen of the state of Washington under any employee benefit plan, and any fund created by such a plan or arrangement, shall be exempt from execution, attachment, garnishment, or seizure by or under any legal process whatever. This subsection shall not apply to child support collection actions issued under chapter 26.18,26.23, or 74.20A, RCW if otherwise permitted by federal law
*
Please take note that the above ACA Rule and Ethics Violations do not involve any mention of my letter alleged misplaced or never received by Bay Area Credit. These Federal and Washington State Law Violations didn't require a reminder or written notice from me. These violations were happening from the very first call received in October and continued until December. Bay Area Credit violated your Rules and Ethics and has will not explain themselves. If the enclosed letter from Mr. Priest is their explanation for all the Rules and Ethics Violations alleged, then they have not come even close to satisfying the main issues of my Complaint. Mr. Priest elected to address only ONE of many Complaints I raised against Bay Area Credit.
I respectfully ask that The ACA accept Mr. Priest's enclosed letter as a full explanation for all the complaints presented to Bay Area Credit by The ACA through my written Complaint to The ACA. Again, please note that the above noted violations make no mention of my demands that the "auto-dialer" phone calls stop. I ask that Mr. Priest's refusal to address all the alleged complaints be considered as no defense to these allegations and therefore must be assumed to be true.
I respectfully ask that this letter be considered separate from the enclosed Addendum. Both this letter and the enclosed Addendum were presented as one complaint in my original complaint. I am separating the two complaints now to give separate consideration to The ACA Rule and Ethics Violations.
I also respectfully ask that The ACA reject Bay Area Credit's reasoning and explanation for committing the above noted Federal and Washington State Laws. I ask that The ACA find Bay Area Credit be found in violation of ACA Rules and Ethics as alleged on my original complaint.
I further respectfully ask that the Resolutions to this Dispute as outlined in my original written Complaint be fully executed. Also, any additional reprimands or punishment as seen fit by The ACA be imposed.
I thank The ACA for it's help pursuing my many complaints involving Bay Area Credit. As Bay Area Credit has had it's opportunity to respond to my complaints, I respectfully suggest it's time to move onto the next phase and I ask that The ACA review my evidence and sworn statements and Mr. Priest's response from Bay Area Credit and render a decision on my Complaint.
Thank you again for the time, energy and due dilligence The ACA has demonstrated investigating this very serious complaint.
Sincerely,
Enclosures
cc: Files
Future Letter Attachments
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Several months have passed... Im still waiting for some type of action to be taken...
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