Skip to main content

If I received a call from a third party debt collector and the caller id read as my wifes cell number, is that legal?

Ypsilanti, MI |

The original debt is through Wells Fargo Financial. The recovery agency is in New York state.

Attorney Answers 5

Posted

I assume you are not married to either Wells or Fargo...

Consider an FCC complaint.

See link...

Mark as helpful

1 lawyer agrees

Posted

This smacks of fraud. A call to the Michigan AG or a visit to its site might prove useful.

The foregoing is for general information purposes and does not establish an attorney-client relationship.

Mark as helpful

1 lawyer agrees

Posted

You very well may have a consumer case. Contact a local consumer protection attorney and keep all your records including proof of calls

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.

Mark as helpful

1 lawyer agrees

Posted

No, it is not legal. Interesting that the debt collector is set up to show your wife's cell as the caller ID -- I'd bet from that fact that they are doing this to a lot of people and I would love to talk to you about your rights and remedies. You might even have rights against the technology company providing this ability to the debt collector.

If you would like to talk with me, I can be reached at: (248) 540-9270, or by e-mail: danil@lemonlawlawyers.com.

Mark as helpful

1 lawyer agrees

Posted

The technology used is called "spoofing." The debt collector pulses out a false ANI (caller ID) in order to get you to pick up the phone. Courts have ruled that the ANI is a communication and that by misstating their actual return number, the debt collector makes a materially false representation for purposes of the Fair Debt Collection Practices Act. This is actionable and would entitle you to statutory damages of up to $1,000 plus any actual damages. The other side would also have to pay your attorney fees if you win.

You can visit my web site at www.MichiganConsumerLaw.Com.

Mark as helpful

1 lawyer agrees

Bankruptcy and debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics