“I Am Not That Person!”

One of the most common FDCPA violations is the “wrong party” call. You get a call looking for “Uncle Bob” or a stranger with your last name. You tell them “wrong number.” They call again tomorrow.

Why It Happens

Collectors use “skip tracing” software to find phone numbers associated with a debtor. These databases are full of errors, linking old roommates, distant relatives, or people with similar names.

The Violation

Once you tell a debt collector “I am not this person” or “Stop calling this number,” they must stop.

• Section 1692d(5): Causing a telephone to ring repeatedly with intent to annoy.
• Section 1692b: Strict rules on contacting third parties (you) to get location information about a debtor. They generally can only call you once.

How to Stop It (and Sue)

1. Answer and Log: Answer the call. Tell them clearly: “I am not [Name]. Do not call this number again.” Note the date, time, and the company name.
2. Save the Call Log: If they call again, take a screenshot of your call history.
3. Litigate: A collector who continues to call a wrong number after being put on notice is willfully violating the FDCPA. You can sue for up to $1,000 in statutory damages plus your attorney’s fees.