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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 9903
Experience:  Research Attorney; Private Practice; Attorney Mentor; Mediator
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I have been receiving calls almost once a day last week from

Customer Question

I have been receiving calls almost once a day for the last week from a company called MCO. They are telling me they handle collections legal action after the collection companies turn the debt over to them. They are trying to collect for a debt that they say occurred in 2012. I did call them to see how much the debt was, which they gave me and researched and found I did not have that debt at that time. I do not feel they are legit and do not wish to provide them with the bank statement that shows I did not take out the payday loan they are saying I did. How do we get them to stop calling? They emailed me a letter which doesn't even contain an address for them. They said they don't provide it because someone showed up to their company for litigation and caused trouble.
How can I find out if this company is legit or not. Their phone numbers are: (###) ###-####and(###) ###-####
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 1 year ago.

a few more minutes please as I look into this.

Expert:  LegalGems replied 1 year ago.

It is uncommon (and a red flag) for a debt collector to not list their address on correspondence, including emails.

Per statutory requirements, the following MUST be on any collection documents:

(15 United States Code section 1692g(a)):

  • Creditor's name (on the first notice);
  • Name, address and telephone number of the collection agency;
  • Date the notice was mailed;
  • Amount due;
  • Employer Contact; and
  • A statement that the debt is assumed valid unless consumer notifies collector within 30 days of receipt of notice that the debt is disputed.

A complaint can be filed here so that the government can investigate - https://www.ftccomplaintassistant.gov/ - they generally do so only after many complaints are received.

If a debt collector calls, and one cites relevant law (the law above) along with the Fair Debt Collection Practices Act, the debt collector will know the customer is aware of their legal rights and will generally find other prey.

Also if a debt collector is instructed to no longer contact the customer, they are legally forbidden to do so as that would violate the FDCPA, and can result in a $1,000 fine per violation.

As for the company and those numbers, I could not find any legitimate association with them.

If any personal information has been provided (ie account numbers) it is best to close that account and open another account so as to avoid any issues in the future.

Also, it is not the responsibility of the consumer to prove the non existence of a debt; the FDCPA allows the consumer to request "validation" of the debt- so that the collector must provide information evidencing the debt.

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