716 Services keep harrassing me at work! Thier in violation of the Fair Debt Act! Buffalo New York

Gloria, the FDCPA does not apply because they are the CREDITOR as defined in the definitions section of the law.

This is why I suggest setting the stage for a civil lawsuit.

Please read the FDCPA. It does not apply to "first party" creditors in NY or Neb.

In CA, there is a state statute that provides additional protection by requiring ALL to comply with the FDCPA.

Send 716 a letter [certified and regular mail] saying you do not want to be contacted by them and quote in your letter from the FTC website: "Notice to Cease Communication pursuant to 15 USC Section 1692c(c). Failure to comply with said Notice, shall result in a complaint filed and submitted to the Federal Trade Commission, and possible legal remedies in an appropriate United States District Court."

They must stop calling you. If they do call you again, write a letter to the FTC and your Attorney General with copies of your documentation saying that you notified 716 to cease communication but 716 is still calling you. They will send 716 notice and the phone calls should stop.

I hope this helps you.

You are simply making the wrong argument.

Your argument is simple - "When I get what I have already paid for I will pay the rest of the bill, but since the magazines I ordered have not been delivered, you breached the contract and I am suing for a refund."

It amazes me that these magazine sales companies can charge you in advance for magazines and then think they are off the hook when the magazines never arrive. They think it is their right to get paid for products that are never delivered. "Taint so, but you have to tell them so.

It's too bad you're not here in Buffalo - it would be a quick fix if you were.

I would start with a letter telling them that they have your home phone number (give it to them if they don't have it - they're probably using the same number they talked to you on) and that they are not to contact you for any reason at your workplace. Also tell them that you are not allowed to receive personal calls at work and that if they call you at work in the future, you will consider that as a deliberate attempt to have you fired and to inflict economic and emotion stress. Inform them that you are sending copies of the letter to the FTC and the NY State Attorney General's Office. Don't forget to send the letter certified, return receipt requested.

What you are doing is setting the stage should they be fool enough to call you at work after they receive the letter.

Make a copy of the letter you sent to 716 and attach it to a cover letter and mail it certified to the FTC.

Also send a copy of the letter you sent to 716 to the NY State Attorney General's Office - certified.

You can get the mailing addresses from the applicable websites.

That should get them to stop calling you at work. Be warned though, that if they don't have your home phone number they will most likly continue to call.

If they call you at work after they receive the letter, you've got them:

After you hang up the phone, immediately pick it up and dial *57 (trace). After that, call the phone company and tell them that you just did a *57 for a harassing phone call. They will instruct you about what to do, including calling your local police to file a criminal harassment complaint. Once you have the police complaint, after a few weeks contact the investigating officer to verify that the phone company has provided the investigator with the information about the call's origin (doesn't matter if they have caller ID blocked.)

Now you can contact the NY State AG with a follow up to your original complaint by mailing another letter to them including the POLICE REPORT that shows the date/time and origin of the call. Request the AG prosecute them.

You may now start looking for a lawyer to sue them - you should have a pretty good case established.

Oh my God, these people are at it again. I just wish they would stop calling me at work. I am a Collection officer for a Credit Union and I would dare call anyone at their job to get them to pay their bill and I collect off of Vehicle loans, Mortgage loan and etc. I just want them to stop calling my job this is ridiculous. If anyone knows what can be done please contact me.

Read the Fair Dept Collection Practices Act:

It applys to DEBT COLLECTORS, not magazine sales. Read it yourself and pay special attention at the beginning of the act where TERMS are defined.

Read the Fair Debt Collection Practices Act at ftc.gov/os/statutes/fdcpa/fdcpact.htm.