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Regarding shady loan companies--a question

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Horse with no Name Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-04-11 02:46 PM
Original message
Regarding shady loan companies--a question
A friend of mine used me as a reference on one of those shady loan places.

She has fallen on hard times and says she is two months behind. She told me this loan company is calling her at least once an hour every day. She said one of them followed her in her car flashing their lights at her to stop. She has tried talking to them but they are rude and insulting to her, so she stopped talking to them and is waiting on her tax refund to get them paid off.

Now, they are calling me at least once a day.

They are leaving messages with me regarding her business.

I asked them not to call me, they told me that if I withdraw as a reference, they will call her note due.

They have told me her business--told me her bills were behind.

I thought this was illegal???

It wouldn't bother me if they called once and I took the message, but I told them that I don't see her very often but when I did, I would give her the message. They persist and persist.

Short of changing my phone number...does anyone know what can be done?
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ret5hd Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-04-11 02:52 PM
Response to Original message
1. I would be recording the calls and talking to a lawyer...
You might even get your friend out of paying that debt. What they are doing is illegal (Fair Credit reporting Act)
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Horse with no Name Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-04-11 03:12 PM
Response to Reply #1
4. That's what I thought
She is terrified they will do something to her if she complains about it.

Around here, the police department enforces the property collection from these places. They list them in the paper every week.

I didn't think they were supposed to get involved in that, either because it is a civil matter and not a criminal one.
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Maine_Nurse Donating Member (688 posts) Send PM | Profile | Ignore Fri Feb-04-11 03:03 PM
Response to Original message
2. Depends on your state I guess...
Maine's Attorney General's office doesn't put up with this crap. Keep a notebook of calls and what they tell you. If you're state is like Maine, we only have to have the consent of one party (yourself) to record calls. Report it all and screw 'em good.
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Horse with no Name Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-04-11 03:13 PM
Response to Reply #2
5. It;s Texas
I'm sure they have a loophole or two to get around it.
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elehhhhna Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-04-11 03:20 PM
Response to Reply #5
7. RECORD THEM. Here in TX it's leagl as long as one party (you) know it's being recorded --
she has massive standing to sue their ass and it's a case that would be taken on contingency, and settled.

Tape it!
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county worker Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-04-11 03:05 PM
Response to Original message
3. call the Better Business Bureau in your area and ask them for help
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Horse with no Name Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-04-11 03:14 PM
Response to Reply #3
6. Thanks for the advice
It blows my mind that I am just "supposed" to put up with their bully collection tactics and I never signed on to anything.
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customerserviceguy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-04-11 06:41 PM
Response to Original message
8. She listed you as a reference
There might have been some fine print in her contract that allows them to notify you about her, as well as inquire about her.

Caller ID might help you. Perhaps your friend can get a refund anticipation loan to get this thing paid off quicker. She needs to resolve to never do business with anything other than a credit union ever again.
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-04-11 06:52 PM
Response to Original message
9. She needs lawyer and to record calls ..
Fair Dept Collection Practices Act

http://en.wikipedia.org/wiki/Fair_Debt_Collection_Practices_Act

There are punitives fines but likely it will require a lawyer.

You can advise them not to contact you under the FDCPA. Advise them you are recording all calls including this one and you will seek penalties for any future calls.
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Shagbark Hickory Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Feb-04-11 06:54 PM
Response to Original message
10. They are breaking the law.
Do a search for "Fair Debt Collection Practices Act"

Threaten to sue.

Unless it's the mafia. Then you're flucked.
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