Fingerhut Complaint - Phone Calls

Posted by Doc J on 2006-05-19:

Unfortunately, you have an established business relationship with them. Maybe a letter, certified return receipt, demanding that they remove you from their contact database? I hate to see you spend about $4 to do this. But it depends on how much they annoy you. All best.

Posted by Mrs Manischewitz on 2006-05-19:

http://www.ftc.gov/donotcall

Posted by Slimjim on 2006-05-19:

By saying your payment is in the mail, it sounds like their calling on a past due payment, not soliciting. Do not call lists would not apply here and they can call you once a day.

Posted by DORCAS on 2006-05-20:

Are you sure about that Slim? I'm not disagreeing I'm just wondering if maybe it varies by state. But my understanding is that they are only allowed to call you once about a payment and after that it is harassment. Thankfully I haven't had the pleasure. It's worth finding out tho.

Posted by Slimjim on 2006-05-20:

DORCAS - I always thought that rule was pretty consistent. Once a day as long as they talk to you or leave a message. It could vary I guess.

Posted by mocha1482 on 2006-05-20:

well I told them the last time they called which was 5/19/2006 that their payment was in the mail. I get 3 more calls this morning (all automated messages). Then after that I received another call and I told them the very same thing I had said before. This time a lady was on the phone and I told her that I had spoken with someone previously and let them know what the deal was. I also don't appreciate the call coming in at 7:36 in the morning....

Posted by UrFriendlyPirate on 2006-05-20:

I think you're wrong slim. A do-not-call list is essentially that. (tr)

Posted by Slimjim on 2006-05-21:

PirateWithParrot - Couldn't be more wrong pirate. Do not call lists have nothing to do with collecting debts. With your debt experience, we all would have figured you knew that.

Posted by Lidman on 2006-05-22:

Under Provisions of Federal Law, The Fair Debt Collection Practices Act
It is Illegal for Debt Collectors to:
· Imply that failure to pay the debt could result in arrest, imprisonment, or garnishment of wages;
· Call consumers at work when they knew the consumers' employers prohibited such calls;
· Talk with third parties, including neighbors, children, and employers, for purposes other than acquiring location information about consumers, without consumers' consent;
· Cause the telephone to ring, or engage a person in telephone conversations, repeatedly or continuously, with the intent to annoy, abuse, or harass a consumer;
· Threaten to take action -- such as filing a lawsuit -- when they did not intend to do so;
· Call consumers at times or places that they knew or should have known were inconvenient;
· Fail to notify consumers of their right to dispute and obtain verification of their debts, and to obtain the name of the original creditor
· Continue to try to collect debts after consumers disputed them in writing, and before verifying the debts.
· Use obscene or profane language
ATTENTION CONSUMERS!
If you are CONTACTED by a Debt Collector:
NEVER give them your banking or credit card information. They will take much more than you authorize.
NEVER do 'checks by phone' as debt collectors could empty your bank account, you have no recourse.
NEVER send them money via Western Union.
REMEMBER: Debt Collectors have NO power and NO authority and should NEVER be trusted. They will lie and cheat you to get at your money. If it’s NOT in writing, it’s NOT a deal.
BEWARE: Paying a debt collector will NOT get an account removed from your credit. They do NOT have that ability.
RECORD conversations with debt collectors (where legal) so they can be held accountable for breaking the law. Is taping legal in your state: Can We Tape
Collection Attorney Complaints can be handled by filing complaints with the various states bar ethics committees. Visit: Your Local State Bar
Is the debt still within your state’s statute for collection? Statute of Limitations
Need Legal Assistance? If you require the assistance of a consumer law professional, Bud recommends you visit: http://www.naca.net The National Association of Consumer Advocates. (Tell them Bud Hibbs sent you )

Posted by mocha1482 on 2006-05-22:

Thank you so much Lidman. They are still calling me up to 5 times a day now with an automated message recorded. Then afterwards a customer service rep will get on the line. I have told them that their payment has been sent. But yetthey keep calling and it is very annoying. I have written to them previously to put my number on their do not call list and I also told them this over the phone. If anyone here needs to check out more information on bill collectors please go to this helpful website:

http://www.lawpoint.com/index.asp

Please go under the heading "Your Rights"

This is a great website!

Posted by Doc J on 2006-05-22:

Lidman-Could you cut and paste your post with regard to FCRA? About 3-10 postings have questions about telemarketers or bill collectors. Your succinct advice could help a bunch of folks out there.

Posted by Lidman on 2006-05-22:

Doc J - I'm not sure if this is what you want but here it is: (http://www.ftc.gov/os/statutes/031224fcra.pdf) It is 86 pages so I didn't post it. Hope this helps?

Posted by Lidman on 2006-05-22:

Doc J -I found a short version?
THE LAW IS UNFAIR:
Federal law, The Fair Credit Reporting Act, requires that the original creditor must 'Charge-Off' which means, it must act as if your account is non-collectable no later than 180 days from the date of your last payment. This information is then forwarded to the three credit bureaus for insertion into your file. Once there, derogatory entries are allowed to remain for up to seven years from the date of first placement, provided there are no further payments. (If you resume payments, the seven-year clock starts over.) At the point of 'Charge-Off' the account is usually turned over to an outside collection agency and/or law firm that collects debts. The agency/attorney collectors are paid commissions ranging from 15-25% of what they collect. When the agencies get your account, they will sometimes contact you immediately and start making demands for payment and, depending on the varied intelligence level or training of the collector (??), make varied threats, innuendoes, or attempt to intimidate debtors into sending them money. I have never heard of an attorney directly making collection calls, so beware, if you are contacted by anyone claiming to be an attorney. It's illegal under the Fair Debt Collection Practices Act (FDCPA) for anyone to misrepresent himself or herself in the collection of a debt. However, working as a debt collector has never required much intelligence or social skills, so don't be surprised with the level of low life's the industry produces.

Posted by Doc J on 2006-05-23:

Thanks Lid. I knew it was extensive. I keep copies of such in my office. Your post will be a very helpful place for those of us on the site wanting to direct people. Your take on collectors is right on. I never use them because they soil me simply by association. I aggressively (but humanely) collect all of my office accounts. Always boils down to "Did you get the service?" "Did you sign the agreement to pay?" Never been ruled against in court. I'm sure it will happen though.

Posted by Lidman on 2006-05-23:

Doc J - Your welcome. "Never been ruled against in court" that is good, I lost one, it's not fun but i'm with you I will never use a C.A.

Posted by mocha1482 on 2006-05-24:

Lidman, could you give me advice on what I can do to get them off my back? I lost my job 5 months ago and I am unable to pay the balance of $290.00. They received my last payment, but I am trying to hold on to my savings account. I am still currently unemployed.

Posted by Lidman on 2006-05-24:

mocha1482 - Please, read this and then go to this sight, look under the heading "Drowning in debt?"
There is a lot you can do. Hope this helps.
Far too many people have the wrong idea about consumer debt. It's okay to have and use credit cards as long as you don't allow them to get out of hand and control you, but what choices do you have when that happens to you? When you owe money, there are really only four options available:
1. Pay Your Debt
2. Credit Counseling
3. Bankruptcy Protection (Now more difficult than ever)
4. Stop Paying and Walk Away (I don’t recommend you do this one, it will come back to bite you)

TRY THIS!!
http://budhibbs.com/am_worst_collection.htm

Posted by suckersuckersuckernotanymorer on 2010-03-29:

In november of 2009 I purchaded a camera with all intentions of trying it to see if I liked it. I tried it and of all things my mother got very bad off she was dying of cancer. I went to her and stayed for awhile. She got a little bit better. Then in January of 2010 she started getting worse. I went back to her house and stayed for weeks at a time to help my Dad take care of her. She stayed in South Carolina and I stayed in North Carolina so it was a lote on me. And of course I forgot about the camera and I was suppose to return it by the end of January I didn't. I remembered the camera when I returned home in February I told them what was going on and told them that I have always been a loyalt customer and would they please take the camera back because it was more camera than I needed. They continued to send me bills for the camera after I had returned it of course I called them and they said I had to pay for the camera because the return dept. said it was abused. Bull, it was not hurt I told the lady that I told the lady to return me the camera if I had to pay for it she said ok. She said that I didn,t write to the right people when I forgot to return the camera. I told her that I was going to pay for the camera that I didn't want but I would no longer be a customer of fingerhut and noone I knew would ether. The world is a sad place now.

Posted by PepperElf on 2010-03-29:

suckerssuckers
i believe the issue you're facing is that you tried to return an item you used/tried well over two months after you purchased it

the company is not really responsible for changes in financial status