Debt collection agency employees routinely use a fake name, “desk name”, or alias rather than their real name when calling Florida consumers or leaving messages.
The Fair Debt Collection Practices Act (“FDCPA”) prohibits “the placement of telephone calls without meaningful disclosure of the caller’s identity.”
Collection agencies allow their employees to collect debts using fake names.
Government agencies that regulate collection agencies and other debt collectors have taken a lenient approach which allows individual debt collectors to use fake names without any statutory authority for disregarding the plain language of the Fair Debt Collection Practices Act (“FDCPA”).
Allowing debt collectors to shape shift their identities allows many debt collectors to severely harass consumers often for long periods of time. At it’s extreme, the use of aliases enables collection agencies to conceal their abusive employees’ identities. One collection agency, Academy Collections, would “fire” extremely abusive collectors once a consumer lawyer filed a lawsuit which lead to a recovery for the consumer only to “rehire” the collector under another alias the soon after “terminating” the employee.
A few debt collectors “spoof” their telephone identification information which is displayed to consumers who have caller identification on their phones.
Debt collectors often violate the Fair Debt Collection Practices Act by failing to identify their company or disclose that they are attempting to collect a debt.
The anonymous messages and telephone calls frustrate Congress’ express goal of eliminating collection harassment through the Fair Debt Collection Practices Act.
Fortunately for the individual consumer who is being harassed by a debt collector, debt collectors who won’t give their “name” (even a fake one) almost always also violate the Fair Debt Collection Practices Act (“FDCPA”) in other ways.
I am an Orlando FL debt harassment lawyer who helps Florida consumers by suing collection agencies for harassment and abuse including excessive telephone calls, anonymous messages, cell phone calls, and other telephone harassment.
If you are receiving messages from debt collectors, please feel free to contact me by completing the Collection Agency Harassment form in the right hand column. If you are a Florida resident, you are also welcome to call my assistant. If you are a Florida resident, I will contact you for a free evaluation of your potential case.
If you are not a Florida resident, you are welcome to complete the contact form and I will try to provide you with information so that you can contact an experienced consumer rights attorney in your state.
(C) 2011 Donald E. Petersen
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