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Debt collector is calling wrong person and won't stop despite my repeated wishes, what can I do?

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I don't have a very common name, however, I know there are 3 other people with my name in my city, with different middle initials. I have been contacted many times by a the same debt collector looking for a different person, but not me. I have verified this with them many times over the past year or so and have asked and been told I will not be contacted again. They will not listen to me and every few months, the calls start again. I even have their number saved in my phone. This past week I was called every day and when I got them on the phone was harrassed by the collector. I told him the same story and he even verified the middle initial, which is not mine. I told him it's obvious they obtained my number not from an account cause I don't have one with them. He began asking if I was related to the others and I said that's none of his business and told him if they didn't stop calling, I'd seek legal action. He mocked me when I said that and I hung up the phone and was called 5 minutes later by someone else, same number. I reported them to consumer finance, but if they keep calling me, what can I do? Can I sue them or something? Do I have a case?

4 Attorney Answers

Best Answer
If you have their address, send a simple cease and desist letter to them to stop immediately from contacting you because you do not have an account with them and you have told them over and over that you do not have account with them. Once you send this letter, the collector MUST stop immediately from contacting you, but may file a lawsuit for the alleged debt, which you can respond to by denying that you owe any debt to the collector. If the calls continue after the cease and desist letter, you can retain the services of a local consumer Attorney to sue the collector for violation of Fair Debt Collection Practices Act for contacting you about a debt that you do not owe, that you have informed them on numerous occasions that you do not owe. Most consumer Attorneys would take a case on contingent fee basis.
If you do not have their address, try to get their address next time they call. You would need this information to file lawsuit against them and to send the cease and desist letter.
Oh yes, you do have a case against this collector.
Best Answer
Ms. Phillips is correct. Contact an attorney that defends consumers from fraudulent debt collectors as soon as possible.
Best Answer
At first blush, it is very possible it is a scam. So far you have done the right thing by saving and looking up their number. However, that often doesn't tell the whole story. Generally speaking, I tell my clients to ask 4 questions:
1. Who are you? (as in what company)
2. Why are you calling? (what debt is this in regards to)
3. Will you mail me a bill?
4. What is your address?
Next time they call, start by asking them to send you a bill. Their refusal to do so is a hallmark of a fraudulent debt collector. Your best option at that point to is to report them to the FTC, CFPB and the Attorney General’s office. Otherwise, assuming that it passes the smell test and it is a legitimate debt collector that won't leave you alone, I suggest going to http://www.consumeradvocates.org/find-attorney and find an attorney in your area who handles FDCPA, or cases involving Debt Buyers and Debt Collectors.
Considering the fact that most consumer protection statutes pay for your attorney's fees, there is no reason to have to muddle through this on your own. Depending on the circumstances, many will take your case at no charge.
Best Answer
If it's a real company any number of local attorneys might be able to help you on a contingency (percentage basis), because the FDCPA violations seem present. Call around.

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