Legal *ethics* question - Ginny??? Anyone??
Moms View Message Board: General Discussion: Archive September 2004:
Legal *ethics* question - Ginny??? Anyone??
I am furious. I got home and there was a voicemail for either my DH or me. A man identified himself as John ***** with Attorney *******'s office, someone I'd never heard of. Said he was calling to get info on a Frank something or other, I couldn't even understand what he said, *who gave your names as a reference*.
Well, I don't know any Frank's offhand, but I called back, mainly because I was curious.
Some RUDE man answered the phone as Attorney ***** office, I asked for John **** and he started interrogating me, wanted to know did he call for YOU, did he ask for anyone else, does he need to talk to YOU. I said, *Look, this man left a voice mail at my home, he said he was looking for information on someone, I have no idea why he called me*. He asked *information on WHO?* I told him I had no idea, I couldn't understand the name. So he said *I'll give you his voice mail*.
So I said *Wait, WHO is this??* He told me that was not important. I said *where are you located?*. He told me *You don't need to know that, this is an attorney's office*. Steam started coming from my ears! I said to him *YOUR office called ME, you want info from ME, it's important to ME to know who you are and where you are calling from*. He said VERY rudely *YOU don't need to know that, I'll give you his voice mail*. So I said *Forget it, you are TOO rude*. And he hung up on me!
Is it common for attorney's offices to react like that? I felt like calling back and asking if they were ambulance chasers! LOL It was an 800 number, so I haven't been able to locate it on any web search.
*IF* this guy calls me back, I think he will be sorry! I am so mad at the way this other man spoke to me.
What a jerk.
Yea..........it gets better. DH listened to the message and figured out who they were looking for. So I checked my caller ID and the time of the calls and got the *regular* number where I thought the call came from. I called it just to see who it was, and sure enough, it was the same place. When I said I had the wrong number, they guy who answered said *I don't think you do* and I said *why do you say that?* He said he was looking at my number on his caller ID.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Anyway, I told him how incredibly rude the person I spoke with before was and that they had a poor way of conducting business when they were looking for information from ME.
Which we didn't give them - because DH has not seen or spoken to this person in years.
Sounds like a collection agency.
Ugh! 
sounds like a bill collector. I had the same type of call with them looking for someone I hadnt seen in a long time. I was furious that #1 she had given my unpublished number out and #2 the fact that her bill collectors were calling me.
I gave the guy her new address, her new phone number and her mother's info and told them to NEVER phone my house again.
Oh boy, I have been there. It was a bill collection deal with me too. Called my house asking for So and so and I said so and so doesn't live here but I do know so and so. And they said they had listed me on their application and that they were in default. I called up the so and so and informed her that her bill collectors which she was ignoring were calling me... And I wanted it to stop. Next time they called I gave them every stitch of contact information I knew on her except her work number and told them not to call me again. And they haven't...
Sounds like a bill collector to me, too, and they are not allowed to call friends or relatives or neighbors in my state. Call the guy who you think they are calling about and tell him. And tell him about the Fair Credit Reporting Act, which is federal. Also, tell him to check on the rules for collection agencies and lawyers doing collections in his state to see if they are allowed to call you or others for information.
From this site: http://proagency.tripod.com/skp-la-cl.html
Before conducting collection business in the State of Louisiana a collection agency must comply with licensing requirements which are set forth in the Louisiana Collection Agency Regulation Act. (R.S. 9:3576.1 et. seq.) The State of Louisiana generally adopts the Federal Fair Debt Collection Practices Act as a standard for allowable 3rd party debt collection practices.
Filing a complaint outside the Baton Rouge area but within Louisiana, call toll free 1-888-525-9414.
In the Baton Rouge area, call 922-2591 Email: ofiland@ofi.state.la.us
Federal Laws:
Louisiana Collection Agencies Must Follow the Federal Fair Debt Collection Practices Act
The Federal Debt Collection Law is enforced by The Federal Trade Commission
Here are the rules governing debt collection in Louisiana: http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm
Who is a debt collector?
A debt collector is any person who regularly collects debts owed to others. This includes attorneys who collect debts on a regular basis.
May a debt collector contact anyone else about your debt?
If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.
What types of debt collection practices are prohibited?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact.
For example, debt collectors may not:
use threats of violence or harm;
publish a list of consumers who refuse to pay their debts (except to a credit bureau);
use obscene or profane language; or
repeatedly use the telephone to annoy someone.
False statements. Debt collectors may not use any false or misleading statements when collecting a debt. For example, debt collectors may not:
falsely imply that they are attorneys or government representatives;
falsely imply that you have committed a crime;
falsely represent that they operate or work for a credit bureau;
misrepresent the amount of your debt;
indicate that papers being sent to you are legal forms when they are not; or
indicate that papers being sent to you are not legal forms when they are.
Debt collectors also may not state that:
Where can you report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General's office and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney General's office can help you determine your rights.
Under the Fair Credit Reporting Act, which covers interstate activity (including collections for credit card companies and any other entity which operates interstate) you can tell the person calling you that under the rules of the Fair Credit Reporting Act you demand (not ask, not request, demand) that they not call you again and that if they call you again you will report them.
Ginny: Many collection agencies, including lawyers, regularly violate these rules. When lawyers violate them, they can be reported to the local bar association, the state bar association, and the disciplinary board. Your state's Supreme Court office can tell you how to get in touch with the disciplinary board.
I realize that when people owe money they should pay it (if they can - and sometimes due to catastrophic events they cannot) but anyone in the collection business should follow the rules and should not, under any circumstances, violate them. Having said that, if I were ever to want to list someone as a reference for me I would ask their permission first, which your friend may not have done. If it were me, I would definitely call the friend/acquaintance, tell him you don't appreciate this, and give him the information I have posted here.
Thanks Ginny! We *do* believe it's an attorney for a collection agency. DH called them back after I did, didn't get much more information than I did. The person they are looking for lives in PA - it's the adult daughter of a woman he had a long relationship with in the past.
They said they *know* she lives in PA - apparently they just haven't tracked her down.
WE certainly don't have contact with her, so they are on their own!
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