Is the collection agency West Asset Management, Inc.? I had a client earlier this year in a very similar situation.
The law that you should read to which you should refer is the
Fair Debt Collections Practices Act. Section 813 provides for a private right of action (right to sue under the statute) against the collector for a violation of the FDCPA for up to $1,000 per violation plus actual damages, plus attorneys fees.
Of particular relevance to your situation
§ 805. Communication in connection with debt collection [15 USC 1692c]
Section 805, Subsection (c) CEASING COMMUNICATION.
If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- (1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt.
§ 806. Harassment or abuse [15 USC 1692d]
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(1)-(4) (omitted by AJTatty to save space)
(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.
§ 809. Validation of debts [15 USC 1692g]
(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --
(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;
(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and
(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.
(c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.
§ 813. Civil liability [15 USC 1692k]
(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --
(1) any actual damage sustained by such person as a result of such failure;
(2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; or
(B) in the case of a class action, (i) such amount for each named plaintiff as could be recovered under subparagraph (A), and (ii) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1 per centum of the net worth of the debt collector; and
(3) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney's fees reasonable in relation to the work expended and costs.
Here is a sample letter that addresses some of these issues.
Alleged Debtor:
Your Client:
Your Acct #:
Alleged Amount Due:
Dear Sir/Madam:
Be advised that the undersigned is not the alleged debtor above. As I have repeatedly advised your collectors when they call, I am not the alleged debtor against from whom you are attempting to collect a debt. [explain the situation]
Please be advised that, pursuant to the Fair Debt Collections Practices Act (UFDCPA), the undersigned hereby disputes the validity of the above-referenced debt in its entirety and demands written verification thereof. The undersigned also demands written verification of the name and address of the original creditor.
In addition, please be advised that you hereby are directed, pursuant to the UFDCPA, to cease and desist from contacting the undersigned in the future except as to provide written verification of the alleged debt demanded herein.
Be advised that your collectors have engaged in conduct that is violative of the FDCPA. Specifically, your collectors have violated 15 U.S.C. §1692d(5) by causing my telephone to ring repeatedly and continuously, and repeatedly and continuously engaging both my wife and me in telephone conversation with intent to annoy, abuse, and harass.
As you should know, pursuant to 15 U.S.C. §1692(k), you may be held liable in a civil action based on your non-compliance with the FDCPA for actual damages, statutory damages, and attorneys' fees based on your failure to comply with the UFDCPA.
Sincerely,
I hope this helps you out.
Now, for my Legal Notice and Disclaimer: This post is intended for general informational purposes only, is not intended and does not create an attorney-client relationship, and is not intended to be a substitute for specific legal advice about any legal case or matter, or to provide legal advice regarding any specific cases or legal matters.
