Consumer complaint received 2019-06-05
Company: Jim Bottin Enterprises, Inc
State: SC
Product: Debt collection
Sub-product: Other debt
Issue: Communication tactics
Sub-issue: Frequent or repeated calls

Complaint:
I have been receiving messages from ABC Financial. The messages are garbled, I can ; t make out who they are contacting me about. and there is no FOTI Message. 

I called them back and spoke to an agent today XXXX and I asked if it was a collection agency and they said no. I asked for a supervisor. I asked the supervisor if they are collection money on behalf of a third party. This is the definition of a debt collector. I was told yes. So the first person lied. 

When I called, they failed to verify me by my social and date of birth. They asked my name and address, which could be obtained anywhere. They actually tole me they were calling for a XXXX XXXX, they are not supposed to give out ANY information. 

What I believe happened / Statute or Law Failure to use a FOTI Message. ( Title 15 USC ) Failure to properly verify a person. ( Title 15 USC ) Failure to disclose that they are recording the conversation. Ark. Code 5-60-120 or S.C. Code Ann. 17-30-15 If the call originated in SC as it did I called them back and they recorded it. I believe that to be a possible violation because I believe if a personal conversation I have the expectation of privacy in my personal conversation occuring on my personal property with a third party. 

15 U.S. Code 1692a - Definitions | U.S. Code | US Law | LII ... 
XXXX ( 6 ) The term debt collector means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. 

To tell me that they are not a debt collector, when they are communicating about a third party debt ( they are collecting on behalf of a third party ). That's debt collection, defined by 15 USC 1692a. To tell me they are not a debt collector, and not use mini-miranda. Is something you should be aware of. 

I offered a out of court settlement they have 15 days to respond. 

They used a automated mesage via autodialer, I believe. 

The Telephone Consumer Protection Act ( TCPA ) has a broad and definitive definition of an autodialer ( also known as a robodialer ). It is equipment that has the capacity to store or produce telephone numbers to be called, using a random or sequential number and to dial the numbers. 

In other words, any equipment that can store and dial numbers. Not just that, but if it has the capacity to do so, it may be considered an autodialer or robodialer. Given that broad definition, many types of equipment and technology fit the definition of an autodialer. 

Debt collectors are one of the biggest users of autodialers. Given that debt collectors make get paid by collecting money for someone else, their goal is to talk to as many consumers are possible. Using an autodialer can be a very effective way for a debt collector to get a consumer on the phone. 

What makes a robocall illegal For the most part, robocalls to cellphones are strictly regulated. Debt collectors can not call a consumers cellphone unless they have prior express consent to do so. 

Consent can generally be provided a number of ways :

Company response to consumer: Closed with explanation