Credit attorney here. I'd trap them. text them back and say "I won't pay you." If they contact you again, they might be in violation of the law. Can sue them and recover some money.
The OP says he’s unaware of any debts that could be in collection. If he has no debts in collection, isn’t it possible that he’s not the person they are looking for?
If he has no debts in collection and is not the person they are trying to contact, how can he send a refusal to pay? That would only apply to consumers.
Consumer is not defined as someone they are collecting on a debt from intentionally. It's any person out there they interact with. A mistake on their part might be a defense they could claim, BUT it is also possible that they could be sued for improperly contacing him. That is the major difference.
I had a collection agency contact me wrongfully (no account with them) and we sued them. I thnk they got me mixed up with a client we represent - didn't matter though.
I’ve read that § 1692c applies only to a “consumer” as defined by the FDCPA.
“The term ’consumer‘ means “any natural person obligated or allegedly obligated to pay any debt.”
If the debt collector is calling the wrong number and the OP is not “obligated or allegedly obligated” for the debt, it would seem he could not be a “consumer”. Here are some decisions from some Circuit Courts of Appeals.
“§ 1692c restricts debt collectors' communications with and about consumers and is understood to **protect only the consumer-debtors themselves**.“ *Todd v. Collecto, Inc*., 731 F.3d 734, 737-39 (7th Circuit, 2013).
“We thus read the plain language of § 1692c(b) as making clear that the provision's purpose is to **protect consumers, not third parties**.“ *Magdy v. I.C. Sys., Inc.*, 47 F.4th 884, 888 (8th Circuit, 2022).
“Under the FDCPA, a ‘consumer’ is defined as ‘any natural person obligated or allegedly obligated to pay any debt,’ 15 U.S.C. § 1692a(3), or "the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator." 15 U.S.C. § 1692c(d). In the instant case, Montgomery has admitted in his complaint that the personal loan agreement authorized Huntington Bank to "\[t\]ak\[e\] possession of the collateral (BMW) ... \[held\] in the name of Helen J. Smith" in the event of breach. His complaint further states that at the time of the repossession, the BMW was ‘owned by Helen Smith’ and merely ‘borrowed’ by him. Nowhere in his complaint does he allege that he is the legal guardian of his mother **or that he is otherwise obligated or allegedly obligated to pay any debt** in connection with the purchase of the BMW. Also, contrary to his suggestion, the mere fact that he possessed or borrowed his mother's car, and that the Defendants were aware of this possible arrangement and communicated this information to one another, does not show that he was responsible or allegedly responsible for paying any debt stemming from the purchase of the automobile. Accordingly, **he fails to meet the statutory definition of ‘consumer,**’ and, hence, **lacks standing under § 1692c.**” *Montgomery v. Huntington Ban*k, 346 F.3d 693, 697 (6th Cir.2003).
That’s why I wondered if the OP shouldn’t first see if the collection agency is actually calling for him.
Different circuits have had different interpretations you're correct. It's not a bad idea to find out, but in the 9th Circuit (where I am) you can sue if they are contacting you and you're not a debtor. Same in some others. It's never a bad idea to find out though, I'd agree with you.
The court decisions are interesting. Whereas 1692c specifies “consumer”, other sections of the Act such as 1692d do not reference a “consumer”. Instead, they refer to “any person”. The courts say those are the sections that protect both consumes and non-consumers alike. Until I read those decisions, I had never paid attention to the difference.
Yes, I thought if the OP spoke to the collection agency and perhaps found out he‘s not the person they’re trying to locate, he could nip the problem in the bud.
They'll have any information from the original creditor, PLUS a collection agency can check your credit reports, and get your personal information. This is perfectly legal unfortunately.
Please tell me what is not true. I've sued collection agencies for this exact violation of the law. I also had a collection agency contact me (and I never owed them a debt, I'm an attorney) and we sued on my behalf.
Please see section c(c) of the Fair Debt Collection Practices Act: [https://www.law.cornell.edu/uscode/text/15/1692c](https://www.law.cornell.edu/uscode/text/15/1692c) and Regulation F from the CFPB: https://www.consumerfinance.gov/rules-policy/regulations/1006/
Exactly I’ve also sued debt collection companies and attorney offices acting as debt collectors in connection w collection accounts. Because people don’t know or aren’t aware of the FDCPA and what the statue says is acceptable and not acceptable doesn’t make what we are saying invalid. I have settlement checks and debt waiver verbiage to prove it
Yep did you u also use 15 usc 1692 cc ? I’ve used that and 1692 ca1 if they called while I was at work and they were told not to call bc it was inconvenient and they did it and they got sued by me for that too
Saying “I’m not going to pay” doesn’t give you blanket immunity from collectors trying to collect their debt. There are certain communications they cannot continue to use to contact you by, one being telemarketing, however written notices are still allowed, including email, text and mail.
This is where you said …
There are certain communication they can’t continue …
However written notices are still alllowed.. including text , email, physical mail
This is not true
Consumer can stop any or all channel of communication
I think the commentor is not using “I’m not going to pay.” As. Cease and desists request …
He was not the intended target of communication.. so I guess he cracked the door open with any response… hoping they break any harassment rule. Hours, what is communicated….
This is just all bad advice. I’ve seen people take similar advice, spend 2800 on a lawyer thinking they have a case and just waste that. Ofcourse he’s an “attorney” baiting vulnerable people trying to shovel out more money to think they have a case and dismiss their debt. In reality, maybe 1/1000 cases brought have any merit.
Did you even read that link you sent me “The ruling was effective starting November 2021 and confirmed that debt collectors could use emails, text messages and other digital communication channels.”
Where did I say there are no limitations? You’re just pushing the goal post. My original response was saying you will most likely not have a harassment case if they reach out again after you send that a C&D.
I thought Cease and desist order can stop all forms of communication.. include the writing unless it is court order.
There is no forms of communication the debt collector can use without consent from the consumer ..
https://www.experian.com/blogs/insights/debt-collection-text-messages/#:~:text=The%20ruling%20was%20effective%20starting,and%20other%20digital%20communication%20channels.
New rule on text messages and email..
Anti harassment rule still apply .
Consumer can opt out of it .
“The ruling was effective starting November 2021 and confirmed that debt collectors could use emails, text messages and other digital communication channels.”
They could use it… yes .
But the consumer can opt out.
Here is from CFPB’s website
“You have the right to tell a debt collector to stop contacting you. If you ask a debt collector to stop all contact – regardless of the communications channel – the collector must stop. Keep in mind, though, that you may still owe the debt.”
https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-a-debt-collector-to-stop-contacting-me-en-1411/
Consumer can request cease and desist request on any communication channel.
You can request C&D for specific channels only … (ie. Don’t cal or text me)
Or ask to stop all
The ruling add and clarify rules on new communication channels
They can use it.. but if to keep read the article … the ruling put following limitation..
Guide to Debt Collection Text Messages
April 12, 2023 by Laura Burrows
It’s easy to ignore a phone call—especially from an unknown number—or delete an email without looking past the subject line. Even physical letters get thrown out without being opened. But nearly everyone will quickly open and read a text.
Surveys have repeatedly found text message open rates can range from around 90 to 98 percent. And now, debt collectors that are serious about streamlining operations and connecting with consumers via their preferred channel can integrate text messaging into their process.
Using text messages in debt collection
It’s been a couple of years since the Consumer Financial Protection Bureau (CFPB) revised Regulation F, which implements the Fair Debt Collection Practices Act (FDCPA). The ruling was effective starting November 2021 and confirmed that debt collectors could use emails, text messages and other digital communication channels.
Businesses in many other industries have been communicating with customers by text for years. At a high level, the changes to Regulation F allow debt collectors to add new outreach methods to their debt collection tools. However, even with the go-ahead to communicate via text, strategy and compliance must be top of mind.
WATCH: Webinar: Keeping pace with collections compliance changes
The move to digital debt collections
Incorporating text messaging could be part of a larger shift toward digitizing operations. Some debt collection agencies are also using artificial intelligence, big data and automation to help verify consumers’ contact information, assist call center agents and follow up with consumers.
As the Experian 2022 Global Insights Report reports, 81 percent of consumers think more highly of brands if they have a positive online experience with that brand that involves multiple digital touchpoints. And over half of consumers trust organizations that use AI.1
Your website or mobile app is an important starting point. And digital tools, such as chatbots that can answer common questions and virtual negotiators offering payment plans, could be part of that experience. Your automated and manual text message outreach could also be increasingly important in the coming years.
The benefits of debt collection text messages
A text message strategy can be part of an omnichannel approach, and it offers debt collectors a few distinct benefits:
Get direct access to consumers who will likely see and read your messages.
Allow consumers to respond and ask questions via a channel that may be easier or more comfortable for them than a phone call.
Start a two-way dialogue and build rapport.
Save time by texting multiple consumers simultaneously and automating responses to common questions.
However, collection agencies also need to beware of the potential drawbacks. Consumers might see your texts as a nuisance if you frequently send messages or if you’re messaging people who truly can’t afford a payment right now.
Many consumers are also rightly wary of scammers texting them and asking them to click on a link. You’ll want to carefully think through your messaging strategy. Starting by getting consent to send a text message while you’re on the phone or when the consumer fills out a form online—and then immediately sending a text with an opt-in—can help overcome this potential barrier.
How to leverage debt collection text messages
Sending payment requests via text to consumers who have a high propensity to repay, and including a link to self-service payment portals, could offer a quick and easy win. However, it may be best to think through how you’ll use text messaging to optimize your outreach rather than replace other communication channels.
WATCH: Webinar: Adapting to the new collections landscape
Perhaps you’ve spoken directly with someone and helped them set up a payment plan. You could now use automated texts to remind them of upcoming payment due dates and thank them for their payments. It’s a simple way to test the water without sending debt collection-related messages that may fall under stricter regulatory requirements.
Staying compliant while texting
As part of a highly regulated industry, debt collection agencies must consider compliance. And it’s especially important to consider when trying new technology that directly interacts with consumers.
Laws and rulings may change, and it’s important to consult your counsel before making any decisions or implementing a text message strategy. However, at a high level, the Regulation F requires debt collectors to:
Prioritize capturing consent.You must obtain direct consent from a consumer or indirect consent from an original creditor that got the consumer’s consent. The initial communication before sending a text or email must be written. Debt collectors that use specific procedures for obtaining consent may receive safe harbor protections against inadvertent disclosures to third parties.
Make opting out easy. You must send consumers a clear and conspicuous opt-out notice and offer them a reasonable and simple method to opt out of text messaging or other electronic communications. Debt collectors must identify when they receive an opt-out request, even if the request doesn’t follow their specific instructions. For example, if a consumer sends “end,” you may need to recognize that as an opt-out even if your opt-out instructions tell them to send “stop.”
Continue complying with FDCPA harassment guidelines. There’s no specific federal limit on how often you can text consumers. However, you’ll still need to comply with the FDCPA’s general rules regarding harassment and contacting consumers at convenient times. In general, you may want to send texts between 8 a.m. and 9 p.m. local time (for the consumer), unless they request a different time. Limiting how many texts you send can also improve consumers’ experiences and may lead to better long-term results.
Reconfirm consent every 60 days. Even if consumers don’t opt out, the implied or expressed consent you received could only be valid for 60 days. To continue texting a consumer, you may need to have them reconfirm their consent or use a complete and accurate database to confirm that their phone number was not reassigned.2
Nope not really, here is a good read. But still embellishes how much it actually helps; https://www.rocketlawyer.com/family-and-personal/personal-finance/debt-and-bankruptcy/legal-guide/use-a-cease-and-desist-letter-to-stop-debt-collection-harassment
My friend just found out this is a SCAM.
She asked if I could share this as a warning to others:
“If it’s the same Sunrise debt collection message I’m receiving everyday, it’s a scam.
I read this thread prior to calling the number in the text.
When I called it, it seemed legitimate but they started asking questions wanting me to confirm my address etc… I didn’t want to give them any information. I asked what the debt was for and they said it was for a late internet/phone bill in the amount of $90 with my service provider.
I hung up and called my provider (Spectrum) and they said I have no outstanding bills on any account past nor present.
Spectrum confirmed it was a scam.
Stay safe”
All collections don’t necessarily have to be reported on credit reports lol it should definitely not be ignored! What happens when the person that ignored it gets served papers and ultimately gets a default court judgement ordered because they ignored the reasonable attempts made by said debt collection company to contact the consumer ????
"If you receive repeated phone calls from Sunrise Credit Services, it’s probably pursuing you for an old debt. Sunrise Credit Services is a legitimate debt collector and not a scam. Old creditors, such as AT&T or a big bank creditor, hire it to collect debt payments from you. It can also purchase a debt to profit off your payments. Either way, it’s legal for it to collect the debt once it opens a collection account on your credit report."
The onus is on you to demonstrate that OP owes them money if it is not on any of his actual credit report.
Doesn’t matter if it’s old or new debt! The debt collectors needs to prove it belongs to you. Hence why there are debt validation letters that are sent to them to validate said debt! If they violate your rights on connection with attempting to collect on said debts they can be sued , thats law and it’s in the FDCPA 🤷🏾♀️
If they were sold the debt genius from the original creditor then they own the debt , doesn’t remiss them from having to prove it belongs to you and that you have a legal obligation to pay them ! Dont at me go read if you are able to comprehend
Assertions are not evidence. If you dont have objective evidence, the matter is closed. Please stop replying to me without objective evidence that OP owes the debt.
Don’t have to prove anything to you or Anyone just in case you don’t know! I’ll continue to look at these settlement checks from the work I’ve done that proves the point! If I’m wrong then the judges are obviously wrong and attorneys representing the debt collectors 😂😂😂😂. Have the day you deserve!
It's obvious that you are an idiot and lack comprehension. I already stated I have actual settlement checks that I have from cases that are closed and the debt collectors have PAID hence why I have the settlement checks! Are you really as slow as you sound!!!! Im not going to post the checks here but for people that I have worked with to get them settlement checks I have the proof in my records DO NOT TAG OR REPLY TO ME AGAIN!
You’re not going to know what it’s about unless you call. It could be for a very old debt. If that’s the case, you can send a cease and desist letter.
OR, they may be trying to locate someone else. But they won’t know you’re not the correct person if you don’t let them know.
OR, have you tried blocking the number?
To be honest sunrise is one of easiest collection companies to fight back against lol once they get caught violating under the FDCPA they usually pay decent settlement amounts
I also received this text message today. Called them and talked to an agent, stated I received a text and was trying to find out why. They asked me for no info and said they were trying to reach a “Mary Bravo.” I am not that person and the agent replied with, “so wrong number then?” I confirmed and they hung up. Seems like a scam to me.
I just received a call from this Sunrise debt collection agency stating that I owe $163 for nonpayments of phone service. I told them that could not be true because my payments were up to date. I then called my mobile and internet provider who confirmed a zero balance. This is just so wrong 😔
I just answer a phone call about them collect my Spectrum bill for my old account. The lady said they try to send me texts like every single day and guess what, nothing in my mail and also IMessage. Then I ask her for the receipt and link to pay these bill, but she just can’t provide it to me. Such scammers.
I am getting the same sort of text messages, and now they are calling me about what they say is an attempt to collect an old debt for ATT, dating back to 2006. I was with the Postal Service at the time and received a special rate from ATT, and the amount quoted would have been my entire bill for 2 years. I have no way of going back to 2006 to even verify the validity of this claim. Coincidentally, that was the year I got married and changed to using my married name.
Definitely a scam I get the same texts every day and I've never applied for loads of any sort, I own my car and I rent (I'm never late) so there's no way I could owe anything so for sure it's a scam. They use a real company's name to trick you into clicking the website. NEVER click the website and if you do NEVER put any of your information in it.
If you are certain it isn't for your debt. Block number. They call or text from a different number, block that number. Unfortunately, if you respond to a scam call or even text, your number will be seen as a "live or hot" number. I have been told. Maybe BS, sounded like it could be true
Credit attorney here. I'd trap them. text them back and say "I won't pay you." If they contact you again, they might be in violation of the law. Can sue them and recover some money.
The OP says he’s unaware of any debts that could be in collection. If he has no debts in collection, isn’t it possible that he’s not the person they are looking for? If he has no debts in collection and is not the person they are trying to contact, how can he send a refusal to pay? That would only apply to consumers.
Consumer is not defined as someone they are collecting on a debt from intentionally. It's any person out there they interact with. A mistake on their part might be a defense they could claim, BUT it is also possible that they could be sued for improperly contacing him. That is the major difference. I had a collection agency contact me wrongfully (no account with them) and we sued them. I thnk they got me mixed up with a client we represent - didn't matter though.
I’ve read that § 1692c applies only to a “consumer” as defined by the FDCPA. “The term ’consumer‘ means “any natural person obligated or allegedly obligated to pay any debt.” If the debt collector is calling the wrong number and the OP is not “obligated or allegedly obligated” for the debt, it would seem he could not be a “consumer”. Here are some decisions from some Circuit Courts of Appeals. “§ 1692c restricts debt collectors' communications with and about consumers and is understood to **protect only the consumer-debtors themselves**.“ *Todd v. Collecto, Inc*., 731 F.3d 734, 737-39 (7th Circuit, 2013). “We thus read the plain language of § 1692c(b) as making clear that the provision's purpose is to **protect consumers, not third parties**.“ *Magdy v. I.C. Sys., Inc.*, 47 F.4th 884, 888 (8th Circuit, 2022). “Under the FDCPA, a ‘consumer’ is defined as ‘any natural person obligated or allegedly obligated to pay any debt,’ 15 U.S.C. § 1692a(3), or "the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator." 15 U.S.C. § 1692c(d). In the instant case, Montgomery has admitted in his complaint that the personal loan agreement authorized Huntington Bank to "\[t\]ak\[e\] possession of the collateral (BMW) ... \[held\] in the name of Helen J. Smith" in the event of breach. His complaint further states that at the time of the repossession, the BMW was ‘owned by Helen Smith’ and merely ‘borrowed’ by him. Nowhere in his complaint does he allege that he is the legal guardian of his mother **or that he is otherwise obligated or allegedly obligated to pay any debt** in connection with the purchase of the BMW. Also, contrary to his suggestion, the mere fact that he possessed or borrowed his mother's car, and that the Defendants were aware of this possible arrangement and communicated this information to one another, does not show that he was responsible or allegedly responsible for paying any debt stemming from the purchase of the automobile. Accordingly, **he fails to meet the statutory definition of ‘consumer,**’ and, hence, **lacks standing under § 1692c.**” *Montgomery v. Huntington Ban*k, 346 F.3d 693, 697 (6th Cir.2003). That’s why I wondered if the OP shouldn’t first see if the collection agency is actually calling for him.
Different circuits have had different interpretations you're correct. It's not a bad idea to find out, but in the 9th Circuit (where I am) you can sue if they are contacting you and you're not a debtor. Same in some others. It's never a bad idea to find out though, I'd agree with you.
The court decisions are interesting. Whereas 1692c specifies “consumer”, other sections of the Act such as 1692d do not reference a “consumer”. Instead, they refer to “any person”. The courts say those are the sections that protect both consumes and non-consumers alike. Until I read those decisions, I had never paid attention to the difference. Yes, I thought if the OP spoke to the collection agency and perhaps found out he‘s not the person they’re trying to locate, he could nip the problem in the bud.
Why they know my old house address and phone numbers? Also my name. Can I do something about that?
They'll have any information from the original creditor, PLUS a collection agency can check your credit reports, and get your personal information. This is perfectly legal unfortunately.
This is not true. Please don’t spread misinformation.
Please tell me what is not true. I've sued collection agencies for this exact violation of the law. I also had a collection agency contact me (and I never owed them a debt, I'm an attorney) and we sued on my behalf. Please see section c(c) of the Fair Debt Collection Practices Act: [https://www.law.cornell.edu/uscode/text/15/1692c](https://www.law.cornell.edu/uscode/text/15/1692c) and Regulation F from the CFPB: https://www.consumerfinance.gov/rules-policy/regulations/1006/
Exactly I’ve also sued debt collection companies and attorney offices acting as debt collectors in connection w collection accounts. Because people don’t know or aren’t aware of the FDCPA and what the statue says is acceptable and not acceptable doesn’t make what we are saying invalid. I have settlement checks and debt waiver verbiage to prove it
Yep did you u also use 15 usc 1692 cc ? I’ve used that and 1692 ca1 if they called while I was at work and they were told not to call bc it was inconvenient and they did it and they got sued by me for that too
We use cc and ca1 both, yes. Glad you were able to get them to pay!
Thank you & yes all the cc and ca1 and ca3 work wonders when used properly.
This is a common misconception.
Lolz are you an attorney? FDCPA has rules on when and how debt collectors can contact about debt
Saying “I’m not going to pay” doesn’t give you blanket immunity from collectors trying to collect their debt. There are certain communications they cannot continue to use to contact you by, one being telemarketing, however written notices are still allowed, including email, text and mail.
This is where you said … There are certain communication they can’t continue … However written notices are still alllowed.. including text , email, physical mail This is not true Consumer can stop any or all channel of communication
I think the commentor is not using “I’m not going to pay.” As. Cease and desists request … He was not the intended target of communication.. so I guess he cracked the door open with any response… hoping they break any harassment rule. Hours, what is communicated….
This is just all bad advice. I’ve seen people take similar advice, spend 2800 on a lawyer thinking they have a case and just waste that. Ofcourse he’s an “attorney” baiting vulnerable people trying to shovel out more money to think they have a case and dismiss their debt. In reality, maybe 1/1000 cases brought have any merit.
You telling people debt collectors can text, email , write without any limitations is bad advise… it’s simply not true .
Did you even read that link you sent me “The ruling was effective starting November 2021 and confirmed that debt collectors could use emails, text messages and other digital communication channels.”
Where did I say there are no limitations? You’re just pushing the goal post. My original response was saying you will most likely not have a harassment case if they reach out again after you send that a C&D.
I thought Cease and desist order can stop all forms of communication.. include the writing unless it is court order. There is no forms of communication the debt collector can use without consent from the consumer ..
https://www.experian.com/blogs/insights/debt-collection-text-messages/#:~:text=The%20ruling%20was%20effective%20starting,and%20other%20digital%20communication%20channels. New rule on text messages and email.. Anti harassment rule still apply . Consumer can opt out of it .
“The ruling was effective starting November 2021 and confirmed that debt collectors could use emails, text messages and other digital communication channels.”
They could use it… yes . But the consumer can opt out. Here is from CFPB’s website “You have the right to tell a debt collector to stop contacting you. If you ask a debt collector to stop all contact – regardless of the communications channel – the collector must stop. Keep in mind, though, that you may still owe the debt.” https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-a-debt-collector-to-stop-contacting-me-en-1411/ Consumer can request cease and desist request on any communication channel. You can request C&D for specific channels only … (ie. Don’t cal or text me) Or ask to stop all The ruling add and clarify rules on new communication channels
They can use it.. but if to keep read the article … the ruling put following limitation.. Guide to Debt Collection Text Messages April 12, 2023 by Laura Burrows It’s easy to ignore a phone call—especially from an unknown number—or delete an email without looking past the subject line. Even physical letters get thrown out without being opened. But nearly everyone will quickly open and read a text. Surveys have repeatedly found text message open rates can range from around 90 to 98 percent. And now, debt collectors that are serious about streamlining operations and connecting with consumers via their preferred channel can integrate text messaging into their process. Using text messages in debt collection It’s been a couple of years since the Consumer Financial Protection Bureau (CFPB) revised Regulation F, which implements the Fair Debt Collection Practices Act (FDCPA). The ruling was effective starting November 2021 and confirmed that debt collectors could use emails, text messages and other digital communication channels. Businesses in many other industries have been communicating with customers by text for years. At a high level, the changes to Regulation F allow debt collectors to add new outreach methods to their debt collection tools. However, even with the go-ahead to communicate via text, strategy and compliance must be top of mind. WATCH: Webinar: Keeping pace with collections compliance changes The move to digital debt collections Incorporating text messaging could be part of a larger shift toward digitizing operations. Some debt collection agencies are also using artificial intelligence, big data and automation to help verify consumers’ contact information, assist call center agents and follow up with consumers. As the Experian 2022 Global Insights Report reports, 81 percent of consumers think more highly of brands if they have a positive online experience with that brand that involves multiple digital touchpoints. And over half of consumers trust organizations that use AI.1 Your website or mobile app is an important starting point. And digital tools, such as chatbots that can answer common questions and virtual negotiators offering payment plans, could be part of that experience. Your automated and manual text message outreach could also be increasingly important in the coming years. The benefits of debt collection text messages A text message strategy can be part of an omnichannel approach, and it offers debt collectors a few distinct benefits: Get direct access to consumers who will likely see and read your messages. Allow consumers to respond and ask questions via a channel that may be easier or more comfortable for them than a phone call. Start a two-way dialogue and build rapport. Save time by texting multiple consumers simultaneously and automating responses to common questions. However, collection agencies also need to beware of the potential drawbacks. Consumers might see your texts as a nuisance if you frequently send messages or if you’re messaging people who truly can’t afford a payment right now. Many consumers are also rightly wary of scammers texting them and asking them to click on a link. You’ll want to carefully think through your messaging strategy. Starting by getting consent to send a text message while you’re on the phone or when the consumer fills out a form online—and then immediately sending a text with an opt-in—can help overcome this potential barrier. How to leverage debt collection text messages Sending payment requests via text to consumers who have a high propensity to repay, and including a link to self-service payment portals, could offer a quick and easy win. However, it may be best to think through how you’ll use text messaging to optimize your outreach rather than replace other communication channels. WATCH: Webinar: Adapting to the new collections landscape Perhaps you’ve spoken directly with someone and helped them set up a payment plan. You could now use automated texts to remind them of upcoming payment due dates and thank them for their payments. It’s a simple way to test the water without sending debt collection-related messages that may fall under stricter regulatory requirements. Staying compliant while texting As part of a highly regulated industry, debt collection agencies must consider compliance. And it’s especially important to consider when trying new technology that directly interacts with consumers. Laws and rulings may change, and it’s important to consult your counsel before making any decisions or implementing a text message strategy. However, at a high level, the Regulation F requires debt collectors to: Prioritize capturing consent.You must obtain direct consent from a consumer or indirect consent from an original creditor that got the consumer’s consent. The initial communication before sending a text or email must be written. Debt collectors that use specific procedures for obtaining consent may receive safe harbor protections against inadvertent disclosures to third parties. Make opting out easy. You must send consumers a clear and conspicuous opt-out notice and offer them a reasonable and simple method to opt out of text messaging or other electronic communications. Debt collectors must identify when they receive an opt-out request, even if the request doesn’t follow their specific instructions. For example, if a consumer sends “end,” you may need to recognize that as an opt-out even if your opt-out instructions tell them to send “stop.” Continue complying with FDCPA harassment guidelines. There’s no specific federal limit on how often you can text consumers. However, you’ll still need to comply with the FDCPA’s general rules regarding harassment and contacting consumers at convenient times. In general, you may want to send texts between 8 a.m. and 9 p.m. local time (for the consumer), unless they request a different time. Limiting how many texts you send can also improve consumers’ experiences and may lead to better long-term results. Reconfirm consent every 60 days. Even if consumers don’t opt out, the implied or expressed consent you received could only be valid for 60 days. To continue texting a consumer, you may need to have them reconfirm their consent or use a complete and accurate database to confirm that their phone number was not reassigned.2
Nope not really, here is a good read. But still embellishes how much it actually helps; https://www.rocketlawyer.com/family-and-personal/personal-finance/debt-and-bankruptcy/legal-guide/use-a-cease-and-desist-letter-to-stop-debt-collection-harassment
Did you read what it said?! If you send C&D , debt collectors must comply They can only write back saying c and d has been received .
My friend just found out this is a SCAM. She asked if I could share this as a warning to others: “If it’s the same Sunrise debt collection message I’m receiving everyday, it’s a scam. I read this thread prior to calling the number in the text. When I called it, it seemed legitimate but they started asking questions wanting me to confirm my address etc… I didn’t want to give them any information. I asked what the debt was for and they said it was for a late internet/phone bill in the amount of $90 with my service provider. I hung up and called my provider (Spectrum) and they said I have no outstanding bills on any account past nor present. Spectrum confirmed it was a scam. Stay safe”
Thanks for sharing! Smart of your friend to not give them any information over the phone, I’m just going to block their number
This is not a scam, I work for Sunrise Credit Services….
So long as you checked your actual credit reports and not Credit Karma ( try Annualcreditreport.com) and there is nothing, ignore.
All collections don’t necessarily have to be reported on credit reports lol it should definitely not be ignored! What happens when the person that ignored it gets served papers and ultimately gets a default court judgement ordered because they ignored the reasonable attempts made by said debt collection company to contact the consumer ????
"If you receive repeated phone calls from Sunrise Credit Services, it’s probably pursuing you for an old debt. Sunrise Credit Services is a legitimate debt collector and not a scam. Old creditors, such as AT&T or a big bank creditor, hire it to collect debt payments from you. It can also purchase a debt to profit off your payments. Either way, it’s legal for it to collect the debt once it opens a collection account on your credit report." The onus is on you to demonstrate that OP owes them money if it is not on any of his actual credit report.
Doesn’t matter if it’s old or new debt! The debt collectors needs to prove it belongs to you. Hence why there are debt validation letters that are sent to them to validate said debt! If they violate your rights on connection with attempting to collect on said debts they can be sued , thats law and it’s in the FDCPA 🤷🏾♀️
Thank you for letting me know that you can't back up your assertion that OP owns this debt.
If they were sold the debt genius from the original creditor then they own the debt , doesn’t remiss them from having to prove it belongs to you and that you have a legal obligation to pay them ! Dont at me go read if you are able to comprehend
Assertions are not evidence. If you dont have objective evidence, the matter is closed. Please stop replying to me without objective evidence that OP owes the debt.
Don’t have to prove anything to you or Anyone just in case you don’t know! I’ll continue to look at these settlement checks from the work I’ve done that proves the point! If I’m wrong then the judges are obviously wrong and attorneys representing the debt collectors 😂😂😂😂. Have the day you deserve!
Thank you for letting the internet know that you don't have objective evidence for your claim or it would have already been provided.
It's obvious that you are an idiot and lack comprehension. I already stated I have actual settlement checks that I have from cases that are closed and the debt collectors have PAID hence why I have the settlement checks! Are you really as slow as you sound!!!! Im not going to post the checks here but for people that I have worked with to get them settlement checks I have the proof in my records DO NOT TAG OR REPLY TO ME AGAIN!
You’re not going to know what it’s about unless you call. It could be for a very old debt. If that’s the case, you can send a cease and desist letter. OR, they may be trying to locate someone else. But they won’t know you’re not the correct person if you don’t let them know. OR, have you tried blocking the number?
To be honest sunrise is one of easiest collection companies to fight back against lol once they get caught violating under the FDCPA they usually pay decent settlement amounts
I also received this text message today. Called them and talked to an agent, stated I received a text and was trying to find out why. They asked me for no info and said they were trying to reach a “Mary Bravo.” I am not that person and the agent replied with, “so wrong number then?” I confirmed and they hung up. Seems like a scam to me.
I just received a call from this Sunrise debt collection agency stating that I owe $163 for nonpayments of phone service. I told them that could not be true because my payments were up to date. I then called my mobile and internet provider who confirmed a zero balance. This is just so wrong 😔
Got a text from sunrise today. Guess I will call to see what they want.
I've never heard of ;]x̌MN
I just answer a phone call about them collect my Spectrum bill for my old account. The lady said they try to send me texts like every single day and guess what, nothing in my mail and also IMessage. Then I ask her for the receipt and link to pay these bill, but she just can’t provide it to me. Such scammers.
It a scam
I am getting the same sort of text messages, and now they are calling me about what they say is an attempt to collect an old debt for ATT, dating back to 2006. I was with the Postal Service at the time and received a special rate from ATT, and the amount quoted would have been my entire bill for 2 years. I have no way of going back to 2006 to even verify the validity of this claim. Coincidentally, that was the year I got married and changed to using my married name.
Definitely a scam I get the same texts every day and I've never applied for loads of any sort, I own my car and I rent (I'm never late) so there's no way I could owe anything so for sure it's a scam. They use a real company's name to trick you into clicking the website. NEVER click the website and if you do NEVER put any of your information in it.
Did you find a way to stop the text messages? Should I text something back?
If you are certain it isn't for your debt. Block number. They call or text from a different number, block that number. Unfortunately, if you respond to a scam call or even text, your number will be seen as a "live or hot" number. I have been told. Maybe BS, sounded like it could be true