Question:
A collection agent called me yesterday, claiming (falsely) that I had
co-signed a friend's student loan, and that I would now be liable for
the unpaid balance since it had gone into default. The agent claimed that
she could not locate my friend and that therefore my wages would
soon be garnished.
In fact, my friend is easily locatable and listed in the telephone
directory. I did *not* co-sign my friend's loan; my friend only used me
as a reference. My friend was not happy that the collection agency
had called me instead of her, since this loan is her problem and not mine.
I can't figure out why the collection agent called me at all, nor why
the agent felt the need to lie to me like this.
Did the collection agency break any laws with this phone call?
Is there any state or federal agency that I can complain to about this?
Answer:
If they claimed that you co-signed the loan, and they
do not have your signature, doesn't this mean that they're
committing fraud in attempting to get money from you?
For grins, see if you can
get the agency to send you a letter claiming this in
writing, then it would be mail fraud, and you can involve
the feds. I don't know if you should hint at all that you
intend to go after them in this way; just ask them if they
could send you their claims, certified mail, of course,
so you can see just what it is they are claiming. Recording
them without their knowing might be illegal in Mass (it
*should* be), so I don't think you can pull a Linda Tripp,
and asking them if they mind being recorded would probably
tip them off.
I'd go after these guys in a seriously aggressive way,
on the off chance that they actually do succeed in
getting your wages garnished. I don't think that they
necessarily need to actually present credible evidence
of their claims to set that in motion.
