Ok, this # 716-650-6240 from "Unavailable" has been calling our house for about 4 months. We move often and did not answer at first because we do not answer calls that we do not know. We listen to the message. They left messages, however, they do not state to WHOM the message is for. They just state, "Our office will be open until 9pm again the # is 800 443-2963 and ask for Marcella Frank" or "800-304-8519 and ask for Daniel Lynch".
So after months and months I decided to google the 716 # and I found all kinds of horror stories about this company. We do not have any debts so I decided to answer and get them to stop calling our phone number. When I answered the first time the man actually asked for my husband.
I have read the FDCPA because I researched this company and I was ready to take them on. This man had no idea that I was educated on the scam they are up to. I told him that in accordance with the FDCPA they are to no longer call our phone number and all communications must be sent in writing. He clearly has been trained poorly by this telecommunications company, because he became verbally abusive. I once managed a call center and i know that since NAFS is a subsidary of Sitel (which is a HUGE telecommunications company) they must be in line with all FTC and FCC guidelines, meaning, all phone calls are RECORDED.
Well the representative (who refused to give me his name-breaking a law, shame-shame) began yelling at me to put my husband on the phone. I am his wife. I then clearly stated to him "you are harrassing me" he continued to yell at me. I again told him that any and all communications to our household were to be IN WRITING only (this is part of the FDCPA, once you state this they MUST abide by this request) he continued to yell at me that I HAD to put my husband on the phone, and "tell me where he is right now" I then told him that we were also on the Do Not Call List with the FTC and that I had clearly told him to no longer call. He then said, "we have nothing to do with the Do Not Call List" as if this company is above the law! I told him I knew the phone call was being recorded and since I would more than likely be calling a lawyer to go ahead and state his name and extension. He would not. Just kept yelling at me. He called me retarded and was not at all complying with any telecommunication laws set forthy by the FTC and FCC. He never once stated the full company name or what business he had calling us. So I knew that he would not do the right thing and make proper doccumentation of our request.
I put together a Cease and Desist letter, as recommended by some other people being harrassed by this company. I faxed it that day to their fax number (I have the docummentation of this, the fax went through). This is the sample C&D letter I used: bendover.com/cdletter.Asp
Then I mailed it via certified mail. Wouldn't you know this company, that apparently believes it is above our laws, has called us FOUR times since receiving written notice NOT to. And 6 times since I told the rude gentleman to only communicate with us in writing. We've looked on my husband's credit report. There is NO reason they should be contacting us. There is NOTHING we are behind on.
I contacted the legal group that is handling one of the class actions against NAFS but have not had a response. I have answering machine messages left from them since we notified them (in writing) to stop contacting us. We have a good case.
I read the whole law and it turns out we can also sue the individual representatives. I kind of feel bad for them. They clearly are not very educated. I have read some things from some of the people that work there/have worked there. It's kind of sad, this company is training these people and like blind little sheep they follow to the slaughter. Not looking into matters for themselves. But when I do find a lawyer that will take our case I will still be more than happy to have them subpoena the phone records from NAFS so that we can find out the individual that verbally assaulted me. I will be very happy to sue him! Plus I KNOW they can find out which extension the call came from.
Oh, and I read that some of these "collectors" (I prefer con-artists) make over 100 grand. Plus, they should know that what they are doing is WRONG. They must have heard of the internet, how can you work for a place and not google the company info? Hmmm, maybe they are all just really THAT dumb.
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