Help me catch a Do-Not-Call violation

Factual Questions
1

Just got a call, at 16:05 Pacific time, from TD Capital, about my refinance application (last re-fi was 2.5 years ago, have not looked into one since). Asked questions, was told they work with about 250 lenders and could not tell me which this was, and TD Capital is in Laguna Hills, Calif, and my Application Number is 0050658715. She could give me no further information, could not look up the A.N. on the computer.

I had brought up Do-Not-Call with the one who called, and she offered to remove my number from their list. Well, they’ve already broken the law, and if they are calling and pushing loans onto people that otherwise wouldn’t be working with them, I want to have the law applied.

I asked for her supervisor and got Amida P---- (she have me the last name), who could not get any further information for me and said ‘possibly an old application’. Their call-back is 1-800-348-7221; she expects to call me before 6:00 pm (two hours from now). I didn’t ask her how old the applications might get, what was their cutoff.

I pressed her on this on the grounds that this ‘re-fi application’ might be identity fraud; I did not bring up the issue of the Do-Not-Call list with her. She said the best way to check for ID fraud was to get in touch with the three credit bureaus; I said since the loan had not been made, they would have no record yet, and TD Capital is the only source I have to find out this material. That’s when she said she would look into it by 6:00 pm.

This may be an ID fraud scam, but more likely it is a Do-Not-Call violation, and I can get them fined I think $10,000. Do I get a cut?–that’s not the real question, the real one is how do I report this?

2

I don’t know if you share the purse, but here are criteria for a report and the whole how to report:

3

…oh, and good luck with nailing the MFers.
(MF = Mortgage Financers, of course;))

4

Wouldn’t that qualify as an existing buisness relationship?

5

That’s what i was wondering. If they can make a case that you’ve voluntarily conducted business with them in the past (not sure if there’s a statute of limitations on this), then they are not bound by the normal do-not-call rules.

6

Thanks, vetbridge, I’ve just written up an e-mail to donotcall@fcc.gov, following the specs in your reference. And thanks for your good wishes!

As to whether it is an existing business relationship, the OP could have been clearer. I have never had a business relationship with TD Capital. Maybe one of 250 lenders has sold my out-of-date info to them, but if that’s the definition of “existing business relationship” the law is useless and all our phones are going to be ringing.

I’ll pursue it also with TD Capital in the morning, as due diligence to fend off potential identity theft.