I'm getting calls involving debt collection for the wrong person. The collection agency is calling me about a debt that is not mine.
This is a common complaint we have been hearing lately. Here's what you can do if you are dealing with a debt collector for a debt you do not owe.
Step One: Find out who is calling. Ask a debt collector for the name and contact information for the collection agency. If the collector refuses to provide this information, it may breaking the law.
If the call is a "robo call," where there is no one you can talk with, try calling back to the number they leave and see whether you can identify the company calling you. If you still can’t figure out who is calling, then try reporting as many details as possible on our collection company complaint page and perhaps you will hear from others who have been able to locate more information about the collection company.
Step Two: Tell the debt collector, “The debt is not mine and I do not want you to contact me again.” If they are skeptical and don't believe you, too bad. This is your right under the federal Fair Debt Collection Practices Act. If they contact you again after you've asked them to stop, go to step three.
It's also a good idea to file a complaint with the Federal Trade Commission at FTC.gov, and your state Attorney General. If the Federal Trade Commission or your state AG sees a pattern of abuse, where a particular collection agency is repeatedly contacting consumers about a debts they do not owe, they may step in. (See the example below.) If the debt collector contacts you again after you've sent this letter, it is breaking the law. Go to the Step Four.
Step Four: Contact a consumer law attorney. If a debt collector breaks the law, you may be entitled to damages and the collector will have to pay your attorney's fees so there is no cost to you. Get a free consultation with a consumer law attorney now.
Essential Step for Everyone Who is Dealing With Debt Collection For the Wrong Person
Check your credit reports to make sure this debt does not appear on your credit! You can get one free credit report each year from each of the major reporting agencies at AnnualCreditReport.com - the official website for a truly free credit report.
If the debt collector is reporting the collection account on your credit reports, follow our instructions that describe how to dispute credit report errors.
Is a debt collector trying to collect a debt that's not yours?
Do you have a question or complaint about a debt collector trying to collect a debt that's not yours? You can enter it here. Please be specific, including dates (that you were contacted or fell behind on the bill, etc.) and amounts (the original debt and/or the amount they are trying to collect now, for example), and be sure to list the state you live in.
But please do not enter private information like your Social Security number, account numbers, your address, etc.
Other Comments about Debt Not Mine.
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Federal Trade Commission Fines Collection Agency
In early 2010, a nationwide debt collector agreed to pay a civil fine of more than $1 million to settle Federal Trade Commission charges that it violated federal law by inaccurately reporting credit information and pressing consumers to pay debts they often did not owe. Credit Bureau Collection Services, and two of its officers, Larry Ebert and Brian Striker, were charged with violating the FTC Act and the Fair Debt Collection Practices Act.
This case is one example of why you should report instances of debt collection for the wrong person to the FTC and your state attorney general.