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Can a debt collector have an investigator call me to get my employers information by claiming that my identity has been stolen?

North Hollywood, CA |

An investigator called me saying someone was trying to use my social security he gave me the last six digits of my social and said i needed to report it to equiafax an do an initial alert. but he then asked for my employers information. He just said that he would keep in contact.. i found it weird that he was just an investigator not with a police department he was out of state and had my info.. he called my mom's number instead of mine. i have a default car loan and thought it could be the agency trying to garnish my wages again. i just recently started working at this new place.

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Attorney answers 3

Posted

If this is a debt collector or someone working for a debt collector, who is lying about who he is or the nature of the call, and not disclosing that he is trying to collect a debt, is violating the Fair Debt Collection Practices Act (FDCPA) for contacting third parties, misrepresenting the nature of the call, not disclosing that all information is used to collect a debt, and not disclosing that he is a debt collector. The FDCPA permits recovery of the consumer's actual damages, reasonable attorney's fees, and court costs, plus up to $1000 for statutory damages.

If this is someone not related to a debt collector than really watch out, as perhaps it is an attempt to get more of your personal information, to steal what little credit you can obtain or use it for other illegal purposes. Be sure to warn your employer and your family not to disclose any personal information about you, if someone calls asking and to simply hang up and to not contact them again. Please also review my legal guide on Avvo for victims of identity theft and specific steps to take to protect yourself, if you are a victim or are concerned about that. I have linked to my legal guide, below.

Robert Stempler (please see DISCLAIMER below)
www.StopCollectionLawsuits.com
Twitter: @RStempler

NOTICE: The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Consumer Law Office of Robert Stempler, APC ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Mr. Stempler nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims. Comments made on a public forum, such as Avvo.com, to not have any confidentiality because others may read them. If you desire a private consultation with Mr. Stempler that is confidential, please go to www.StopCollectionLawsuits.com and submit a free eCase Review. The result portrayed for a client was dependent on the facts of that case. Results will differ if based on different facts. The Firm and Mr. Stempler are a debt relief agency. The Firm and Mr. Stempler help people file for bankruptcy relief under the Bankruptcy Code.

Posted

Get complete identifying information about the person calling you. Full name, name of his company, address. Street address not just a PO Box. Account number or file number of your account with him. Phone numbers and fax numbers. Do not tell him anything. Then get a free credit report from annualcreditreport.com. Then meet with a lawyer who has experience in suing debt collectors under the Fair Debt Collection Practices Act and other laws.

Posted

Counsel is right. There is a good possibility yiur rights have been violated and you may have a good case. Contact us for a free consult at our LA office

Kazerouni Law Group, APC is a law firm concentrating its efforts in the area of consumer law, the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. (“FDCPA”), and California's Rosenthal Fair Debt Collection Practices Act, California Civil Code §§ 1788-1788.32 ("Rosenthal Act"). Our lawyers are specially trained in the Federal FDCPA, Consumer Defense, and other consumer related matters. Our goal is to protect you against unfair, deceptive and abusive debt collection practices. Creditors, professional debt collectors, and attorneys who violate the law are subject to paying damages, statutory penalties, and the consumer's attorneys fees and costs. If you feel you have been abused, deceived or treated unfairly, you may need a lawyer. We can be reached at 800-400-6808, or through one of the evaluation forms on this or at our own website at www.kazlg.com. The information provided on this website is for informational purposes only and should not be construed as legal advice or as forming an attorney-client relationship. No attorney-client relationship between the reader and Abbas Kazerounian has been formed. If you are in the State of California and would be interested in a formal free consultation either visit Kazerouni Law Group, APC website at www.kazlg.com or call me toll free at 800-400-6808.

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