You answer your phone to find a debt collector demanding payment for a debt that isn’t yours. They’re asking for someone you’ve never heard of, or perhaps it’s a former resident of your address or the previous owner of your phone number. You explain the mistake, yet the calls keep coming. This frustrating situation is more common than you might think, and you have legal rights to stop it.
Understanding how to handle mistaken identity debt collection calls protects you from harassment and potential credit damage. This guide will explain your rights, provide step-by-step strategies to stop the calls, and outline when these persistent wrong-number calls may violate federal law.
Why Debt Collectors Call the Wrong Person
Before addressing how to stop wrong number collection calls, understanding why they happen helps you recognize that this isn’t your fault and that you have every right to demand they stop.
Common reasons for mistaken identity calls:
- Skip Tracing Errors: Debt collectors use databases and investigative techniques called “skip tracing” to locate people who owe debts. These databases often contain outdated or inaccurate information linking phone numbers to the wrong individuals.
- Phone Number Recycling: Wireless carriers reassign phone numbers after they’ve been inactive for a period. You may have inherited a number previously belonging to the debtor.
- Similar Names: If you share a name with the actual debtor, collectors may contact you believing you’re the right person, even if you’re not.
- Previous Address Connections: If you live at an address where the debtor previously resided, collectors may call you thinking you’re the debtor or might know their whereabouts.
- Family Name Confusion: Collectors sometimes contact people with the same last name as the debtor, assuming family relationships.
- Database Mix-ups: Information from various sources gets combined incorrectly, creating false associations between you and debts you don’t owe.
- Caller ID Spoofing: Sometimes collectors intentionally call everyone associated with a particular address or phone number history, hoping to reach the actual debtor.
Regardless of the reason, once you’ve informed collectors they have the wrong person, continued calls may violate the Fair Debt Collection Practices Act. The law requires collectors to use reasonable care to avoid contacting wrong parties.
Your Rights When Collectors Call About Someone Else’s Debt
When debt collectors contact you about debts belonging to others, you have specific legal protections under federal law. Understanding these rights empowers you to stop the harassment effectively.
Key rights under the FDCPA:
No Obligation to Pay Others’ Debts: You cannot be held responsible for debts you didn’t incur. Family relationships don’t create debt obligations unless you co-signed or are legally responsible in specific situations (like certain spousal debts in community property states).
Right to Stop Contact: Once you inform collectors they have the wrong person, they must take reasonable steps to stop contacting you. Continued calls after you’ve clearly stated you’re not the debtor may violate the FDCPA.
Protection from Harassment: Even when calling wrong numbers, collectors cannot use harassing, oppressive, or abusive tactics. This includes calling repeatedly with intent to annoy or harass.
Time-of-Day Restrictions: Calls before 8 a.m. or after 9 p.m. in your time zone are prohibited, even if they’re calling the wrong person.
Right to Written Communication: You can request that all future communication be in writing and sent to a specific address.
Privacy Protection: Collectors cannot discuss the debt with you in ways that violate the actual debtor’s privacy rights if you’re clearly a third party.
No Credit Impact: Debts you don’t owe cannot legally be reported on your credit report. If wrong debts appear on your credit, you have rights under the Fair Credit Reporting Act to dispute them.
These protections exist because the FDCPA recognizes that innocent third parties shouldn’t be subjected to debt collection harassment intended for others.
What to Say the First Time They Call
How you handle the initial call when collectors contact you about someone else’s debt can significantly affect whether the calls stop or continue. Clear, firm communication is essential.
Your first response should be direct and specific:
“You have the wrong person. I am not [debtor’s name]. I don’t know anyone by that name. Do not call this number again about this debt.”
What to include in your response:
- Clear statement you’re not the debtor: “I am not the person you’re looking for.”
- No knowledge of the debtor: “I don’t know this person” (if true)
- Demand to stop calling: “Do not contact me again about this debt.”
- Document the call details: Note the date, time, collector’s name, and company
What NOT to say:
- Don’t provide information about the actual debtor if you know them
- Don’t offer to pass messages to them
- Don’t provide alternative contact numbers
- Don’t acknowledge any debt or suggest you might pay it
- Don’t provide personal information about yourself to verify identity
Why clarity matters:
Ambiguous responses like “they don’t live here anymore” or “you have the wrong number” might be interpreted as confirming you know the debtor or that they were previously reachable at your number. This can encourage collectors to keep calling, thinking you might provide information or that the debtor might eventually answer.
After clearly stating you’re not the person they’re seeking and demanding they stop calling, document this conversation. This initial clear communication establishes that collectors have been informed of their mistake.
Documenting Every Wrong Number Call
Thorough documentation is your most powerful tool for stopping persistent wrong-number calls and potentially pursuing legal action if violations occur. Detailed records prove the pattern of harassment.
What to document for each call:
- Date and exact time of the call
- Phone number the call came from (check caller ID)
- Collector’s name and the company they represent
- Debtor’s name they’re asking for
- What you told them (that you’re not the debtor, demand to stop calling)
- Their response and whether they acknowledged the mistake
- Call duration (even if you hung up immediately)
- Impact on you (disruption at work, stress, sleep disturbance)
Additional documentation steps:
Create a Call Log: Maintain a spreadsheet or notebook specifically for these calls. Consistent documentation demonstrates a pattern.
Save Voicemails: Preserve any messages they leave. These provide direct evidence of continued contact after you’ve told them to stop.
Take Screenshots: Capture your call history showing the frequency and timing of calls from collector phone numbers.
Record Conversations: If your state allows single-party consent recording, consider recording calls. Check your state’s laws before recording; some states require all parties to consent.
Note Witnesses: If calls occur when others are present (like family members), note who witnessed the call and its effects.
Track Escalation: Document whether calls increase in frequency or become more aggressive after you’ve told them to stop.
This documentation serves multiple purposes: it helps you track whether they’re stopping, provides evidence if you need to file complaints or lawsuits, and demonstrates the severity of harassment if you pursue legal action.
For more information about documentation strategies, see The Subtle Signs of Illegal Debt Collection Harassment Most People Miss.
Sending a Written Cease and Desist Letter
After verbal communication fails to stop wrong number collection calls, sending a written cease and desist letter creates a formal record and strengthens your legal position if calls continue.
What your letter should include:
- Your Information: Your full name, address, and the phone number being called (but minimize personal details beyond what’s necessary).
- Clear Statement of Mistaken Identity: Explicitly state that you are not the person they’re seeking and have no connection to the debt.
- Demand to Stop Contact: Clearly request that all contact to your phone number cease immediately.
- Warning of Legal Action: Mention that continued contact may violate the FDCPA and that you’ll pursue all legal remedies available.
Sample language:
“I am writing to inform you that you are contacting the wrong person. I am not [debtor’s name] and have no relation to this person or the debt you are attempting to collect. I have previously told your representatives by phone on [dates] that you have the wrong person.
Under the Fair Debt Collection Practices Act, I am demanding that you immediately cease all contact to my phone number [your number] regarding this debt. Any future calls to this number about this debt may constitute harassment under federal law.
If your calls do not stop immediately, I will file complaints with the Consumer Financial Protection Bureau, Federal Trade Commission, and my state Attorney General. I will also pursue any legal remedies available under the FDCPA, including seeking statutory damages and attorney fees.”
How to send the letter:
- Send via certified mail with return receipt requested
- Keep a copy for your records
- Note the date you mailed it
- Save the return receipt when it arrives
This written communication creates irrefutable proof that the collector was informed they’re contacting the wrong person. Calls after receiving this letter significantly strengthen potential FDCPA violation claims.
When Wrong Number Calls Violate Federal Law
While mistakes happen, continued wrong number calls after you’ve clearly informed collectors of their error may violate the FDCPA. Understanding when calls cross into illegal territory helps you recognize actionable violations.
FDCPA violations in wrong number scenarios:
Section 1692c(a)(2): Prohibits communicating with a consumer if the collector knows the consumer is represented by an attorney. While you’re not the consumer, repeated contact after being told you’re the wrong person shows lack of reasonable care.
Section 1692d: Prohibits harassment, including calling repeatedly with intent to annoy, abuse, or harass. If calls continue after you’ve informed them of their mistake, this may demonstrate harassing intent.
Section 1692e(11): Requires collectors to disclose they’re attempting to collect a debt in initial communications. Continued wrong number calls might indicate failure to adequately verify debtor information before attempting collection.
Reasonable Procedures Requirement: The FDCPA requires collectors to use reasonable procedures to verify they’re contacting the right person. Persistent wrong number calls suggest failure to implement reasonable verification procedures.
When violations are most clear:
- High frequency: Multiple calls per day or week after you’ve informed them of the mistake
- After written notice: Any calls after they’ve received your cease and desist letter
- Time violations: Calls before 8 a.m. or after 9 p.m., even to wrong numbers
- Threatening language: Threats or abusive language directed at you, even though you’re not the debtor
- Credit reporting threats: Threatening to damage your credit for someone else’s debt
Courts have recognized that while one or two mistaken calls after notification might not violate the FDCPA, persistent calls demonstrate either intentional harassment or such careless practices that they constitute violations.
The Consumer Financial Protection Bureau provides additional guidance on when call frequency becomes harassment.
Special Situations: Family Members and Former Relationships
Wrong number collection calls become more complicated when the debtor is someone you know or were once related to. Understanding your rights in these specific situations is crucial.
When collectors call about former spouses:
After divorce, you’re generally not responsible for your ex-spouse’s separate debts unless you co-signed or the debt was incurred for family necessities in certain states. However, collectors may call you trying to locate your ex or pressure you to pay.
Your rights:
- You can inform them of the divorce and state you’re not responsible
- You’re not required to provide your ex’s contact information
- Request they stop calling you and communicate in writing only
- You don’t have to answer questions about your ex’s whereabouts or assets
When collectors call about adult children:
Parents are not responsible for adult children’s debts (with rare exceptions like co-signed student loans). Collectors may call parents hoping family pressure will result in payment.
Your rights:
- Clearly state you’re not responsible for your adult child’s debts
- You’re not obligated to give them your child’s contact information
- Demand they stop calling you about your child’s debt
- File complaints if calls continue after you’ve told them to stop
When collectors call about other family members:
Sharing a last name with someone who owes a debt doesn’t make you responsible for it. Collectors engaged in “relative skip tracing” may contact family members hoping to locate debtors.
Your rights:
- You can provide location information if you choose, but you’re not required to
- Collectors cannot discuss debt details with you
- After providing information once (or refusing to), they shouldn’t contact you again
- You can demand they stop calling
For more detailed information about third-party contact rules, see What to Do When a Debt Collector Contacts Your Family Members.
Protecting Your Credit When Called About Others’ Debts
One serious concern when collectors call the wrong person is potential credit report damage. Someone else’s debt appearing on your credit report can devastate your score and requires immediate action.
How credit mix-ups happen:
- Name confusion: Similar or identical names lead to incorrect credit file merging
- Address associations: Debts linked to addresses rather than specific individuals
- Social Security number errors: Transposed digits or deliberate fraud using your SSN
- File mixing: Credit bureaus mistakenly combine files of people with similar identifying information
Checking your credit reports:
Obtain free credit reports from all three major bureaus (Equifax, Experian, TransUnion) at annualcreditreport.com. Review them carefully for:
- Accounts you didn’t open
- Debts you don’t recognize
- Collection accounts for others’ debts
- Inquiries you didn’t authorize
Disputing incorrect information:
If someone else’s debt appears on your credit report:
- File disputes with each credit bureau showing the error
- Provide documentation proving you’re not the debtor (different Social Security number, address history, etc.)
- Demand investigation within the required 30-day timeframe
- Follow up if initial disputes don’t resolve the issue
- Consider identity theft report if fraud is suspected
Send dispute letters to both the credit bureaus and the company reporting the debt. Under the Fair Credit Reporting Act, they must investigate and correct inaccurate information.
Legal options if disputes fail:
If credit bureaus or collectors fail to correct inaccurate reporting after proper disputes, you may have claims under the Fair Credit Reporting Act (FCRA) for damages caused by incorrect reporting.
State-Specific Protections Against Wrong Number Harassment
Beyond federal FDCPA protections, many states have enacted their own debt collection laws that may provide additional remedies when collectors repeatedly call wrong numbers.
Hawaii Fair Debt Collection Practices Act overview provides detailed information for Hawaii residents dealing with collection harassment. Similarly, Alaska debt collection laws you need to know and Washington Fair Debt Collection Practices Act explained offer guidance for residents in those states.
State laws may provide:
- Enhanced harassment definitions: Some states define harassment more broadly than federal law
- Stricter call frequency limits: Additional restrictions on how often collectors can call
- Stronger penalties: Higher damages or additional penalties for violations
- Consumer-friendly procedures: Easier complaint processes through state agencies
- Licensing requirements: State oversight of debt collectors with enforcement powers
- Longer statutes of limitations: More time to file legal claims for violations
State-level enforcement:
Many state Attorney General offices have consumer protection divisions that investigate debt collection complaints. These agencies may:
- Take enforcement action against collectors
- Facilitate resolution of complaints
- Impose fines or sanctions
- Revoke collector licenses for violations
Research your state’s specific debt collection laws to understand all available protections. State laws work in conjunction with federal protections to provide comprehensive consumer safeguards.
Filing Complaints About Wrong Number Harassment
When verbal communication and written demands fail to stop wrong number collection calls, filing formal complaints creates official records and may trigger enforcement actions against violators.
Where to file complaints:
Consumer Financial Protection Bureau (CFPB)
- Online: consumerfinance.gov/complaint
- By phone: 1-855-411-2372
- The CFPB investigates patterns of violations and can take enforcement action
Federal Trade Commission (FTC)
- Online: reportfraud.ftc.gov
- By phone: 1-877-382-4357
- The FTC tracks consumer complaints and pursues enforcement
State Attorney General
- Contact your state’s AG consumer protection division
- They may investigate and take action under state laws
- Some states offer mediation services
State Licensing Agency
- If your state requires debt collector licensing, file with the licensing agency
- They have authority to investigate and potentially revoke licenses
Better Business Bureau (BBB)
- While not a government agency, BBB complaints create public records
- Some companies respond to BBB complaints to protect ratings
What to include in complaints:
- Your contact information
- Collector’s name and company
- Details about the mistaken identity situation
- Documentation of calls after you informed them of the error
- Copies of written communication you sent
- Description of how the harassment has affected you
Filing complaints serves multiple purposes: it creates official documentation, contributes to enforcement efforts, and may prompt collectors to take your cease demands seriously.
How The Wood Law Firm Stops Wrong Number Harassment
When debt collectors continue calling the wrong person despite your clear communication, The Wood Law Firm has the expertise to make it stop and hold violators accountable. With over 15 years of specialization in consumer protection law, they’ve successfully handled numerous cases involving mistaken identity collection harassment.
The Wood Law Firm understands that being harassed about debts you don’t owe is both frustrating and stressful. You shouldn’t have to endure repeated calls demanding payment for someone else’s obligations. Their team takes these violations seriously and fights to protect innocent parties from collection abuse.
Why Choose The Wood Law Firm:
- Proven FDCPA expertise: Deep knowledge of wrong number harassment violations
- Immediate cease action: Quick legal intervention to stop ongoing calls
- Thorough investigation: Verification that you’re not the actual debtor
- Credit protection: Help removing any erroneous credit reporting
- No upfront costs: Most cases handled on contingency
- Comprehensive approach: Addressing all violations, not just stopping calls
- Nationwide reach: Extensive Of Counsel network serving clients across multiple states
The firm’s mission is clear: protect consumers from predatory practices and ensure fair treatment under federal and state law. When collectors harass the wrong person, The Wood Law Firm has the tools to stop it and secure compensation for the harassment you’ve endured.
Attorney Jeff Wood: Expert Consumer Advocate
Jeff Wood is an accomplished attorney based in Arkansas with over 15 years of experience in consumer protection law. His specialization in the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and Telephone Consumer Protection Act (TCPA) has made him a trusted advocate for consumers facing collection harassment.
Though licensed in Arkansas, Mr. Wood’s legal expertise extends to multiple federal courts. He is admitted to practice in all federal courts in Arkansas, Colorado, New Mexico, and Texas, as well as the Southern District of Indiana, Eastern District of Michigan, Eastern District of Missouri, Western District of Tennessee, and Western District of Wisconsin.
The Wood Firm collaborates with a network of attorneys through Of Counsel relationships. These attorneys are licensed in various states, including Arizona, California, Florida, Louisiana, Minnesota, Missouri, Ohio, Oregon, Pennsylvania, South Carolina, Tennessee, Texas (state courts), Washington, and West Virginia. This network allows the firm to serve clients nationwide with comprehensive legal representation.
Real Client Success Stories
Daniel’s Phone Number Recycling Victory
Daniel inherited a phone number previously belonging to someone with significant debt. Despite telling collectors numerous times that he wasn’t the debtor, he received 5-7 calls daily for three months. After documenting 60+ calls, he contacted The Wood Law Firm. Attorneys sent cease and desist letters, and when calls continued, filed an FDCPA lawsuit. The case settled for substantial compensation that reflected the months of harassment Daniel endured, and the calls stopped immediately.
Catherine’s Name Confusion Case
Catherine shared a similar name with someone who owed $12,000. Collectors insisted she was the debtor and reported the debt on her credit report, destroying her 750 credit score. After unsuccessful attempts to stop the calls and fix her credit herself, Catherine contacted The Wood Law Firm. Attorneys filed claims under both the FDCPA and FCRA. The firm secured the removal of the incorrect credit reporting, compensation for the harassment and credit damage, and the collection agency was required to implement better verification procedures.
Mark’s Former Address Harassment Resolution
Mark bought a house where the previous owner had left significant debts. Multiple collectors called daily seeking the previous owner. Despite explaining the situation repeatedly, calls continued for over a year. The Wood Law Firm documented the pattern of calls from multiple collection agencies and filed coordinated legal action against the worst offenders. Mark received compensation from multiple collectors, and the harassment finally stopped completely.
Legal Consequences for Wrong Number Harassment
Debt collectors who persist in calling wrong numbers after being informed of their mistake face serious legal consequences. Understanding these potential penalties demonstrates how seriously the law treats these violations.
FDCPA Penalties:
Statutory Damages: Victims can recover up to $1,000 per lawsuit in statutory damages, regardless of proving actual financial harm. This recognizes that harassment itself is a violation worthy of compensation.
Actual Damages: Compensation for measurable harm including:
- Emotional distress and anxiety
- Lost wages from work disruption
- Cell phone costs for repeated unwanted calls
- Time spent trying to stop the harassment
- Credit damage if wrong debts were reported
Attorney Fees: If you win your case, the collector must pay your attorney fees and court costs. This ensures innocent parties can enforce their rights without financial barriers.
Punitive Damages: In cases involving particularly egregious or intentional harassment, courts may award punitive damages to punish collectors and deter future violations.
Credit Reporting Violations: If wrong debts appear on your credit report, separate FCRA claims may provide additional damages beyond FDCPA violations.
Regulatory Enforcement: Beyond Individual Lawsuits:
- CFPB investigations and substantial fines
- FTC enforcement actions
- State Attorney General actions
- License suspension or revocation
Business Impact:
- Damaged reputation
- Loss of creditor clients
- Class action liability if wrong number harassment is systematic
- Increased regulatory scrutiny
The Federal Trade Commission enforces debt collection laws and regularly takes action against violators, demonstrating that these protections are actively enforced.
Take Action to Stop Wrong Number Harassment Today
If debt collectors continue calling you about someone else’s debt despite your clear communication that they have the wrong person, professional legal help can stop the harassment and may entitle you to compensation.
Call The Wood Law Firm at +1 844-638-1122 for immediate assistance. Their experienced team will:
- Verify that you’re not the actual debtor
- Send immediate cease and desist letters to all collectors
- Check your credit reports for erroneous reporting
- File disputes if wrong debts appear on your credit
- Document all violations for potential legal action
- Pursue compensation for harassment you’ve endured
- Hold violators accountable under federal and state law
The consultation is free, and there are typically no upfront costs in FDCPA cases. The Wood Law Firm works on a contingency basis for most debt collection harassment claims, meaning you pay nothing unless they recover compensation for you.
Don’t continue enduring harassment for debts you don’t owe. You have legal rights to stop wrong number collection calls, and The Wood Law Firm has the expertise to enforce those rights effectively. Take action today to end the harassment and hold violators accountable.
Frequently Asked Questions
Can I be held responsible for debts of someone with the same name?
No, you cannot be held responsible for someone else’s debt simply because you share the same name. Debt is tied to specific individuals and their identifying information, not just names.
How many times should I tell them they have the wrong number?
You should clearly state you’re not the debtor and demand they stop calling during the first conversation. If calls continue, send a written cease and desist letter. After that, continued calls likely violate the FDCPA.
What if collectors insist I’m lying about not being the debtor?
Their belief doesn’t create legal obligations. Document their refusal to accept your explanation, send written notice that you’re not the debtor, and consult with a consumer protection attorney if calls continue.
Can they report someone else’s debt on my credit report?
No, debts you didn’t incur cannot legally be reported on your credit. If this happens, dispute the information with credit bureaus and the reporting company immediately under the Fair Credit Reporting Act.
Do I have to provide information about the actual debtor if I know them?
No, you’re not required to provide location information or other details about the actual debtor, even if you know them. You can simply state you’re not the person they’re seeking and demand they stop calling.
What if they’re calling about my ex-spouse’s debt?
Unless you co-signed or are otherwise legally responsible for the debt, you’re not obligated to pay it. Tell them clearly you’re not responsible, and demand they stop contacting you about your ex’s separate obligations.
Can I block their phone numbers?
Yes, blocking numbers can provide immediate relief. However, blocking doesn’t stop the legal violation if they continue attempting to call. Keep records of blocked call attempts if your phone system maintains such logs.
What if the calls are to my work number?
Wrong number calls to your workplace may violate FDCPA provisions, especially if you’ve told them you’re not the debtor and that workplace calls are prohibited. Document these calls carefully.
How long do I have to file a lawsuit about wrong number harassment?
Under the FDCPA, you have one year from the date of the violation to file a lawsuit. However, consulting with an attorney promptly is important to document ongoing violations and stop the harassment.
What if multiple collection agencies are calling about different people?
Each agency must be told separately that they have the wrong person. Send cease and desist letters to each company. If multiple agencies continue harassing you, you may have claims against all of them.
