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midland credit management has been calling my house for 6 months or more looking for someone we do not know.they have been told repeatedly that the person they are looking for does not live here nor do we know the person. this phone number has been ours for almost 3 years. how do we get them to stop calling?
Hi Shrrndll,
Send a cease and desist letter to MCM. It's a collection agency bound to follow the FDCPA. Once they receive your C&D letter, they must not contact you further. Otherwise, it will be violation of the FDCPA.
In case they still continue to call, start recording the conversation as evidence for filing a formal complaint with the State Attorney General and the Federal Trade Commission. 35 states in US allow secretly recording of the conversation. In the remaining 15 states, you need to have consent from one party before recording. Also present the recording to your attorney so that he files a class action lawsuit against them. After you win, the CA will compensate you for the damages.
Polly
Recording?
Is it legal to record, though?
You need to the law ofyour state whether it allows you or no.
Be careful about recording! You must follow all applicable laws not only in your state but in whatever state the collector is CALLING FROM. If the collector is calling from a state like Florida who strictly prohibits recording the collector can use a "long arm" to reach out into your state and prosecute you for recording the conversation. This can be very tricky if you are not SURE where the collector is calling from. I have seen this happen to consumers trying to catch debt collectors.
It is my opinion to just document the call well in writing so you don't get yourself in trouble.
I wouldn't rely on recording. IF your state allows it, you also have to authenticate it to admit the recording as evidence.
use CALL TRACE* by dialing *57. depending on how frequent it is you can get a trap from the phone company.