Is this contact action legal?

[Anonymous]

Hi - new here.  I searched a bit for an answer but didn't find it.  If there's a great thread to reference for this, please feel free let me know.  About two weeks ago, my mother received a phone message from "Debra" asking for me and leaving a phone number.  A few days later, she called back and my mother answered the phone.  Debra says it's urgent she speak to me.  My mother asked why she was calling there and she said "It's the most recent address we have for her."  to which my mother was suspicious (I haven't lived there in over 30 years) and said I was unlisted and she didn't know how to reach me.   Three days ago, a friend of mine received a call on her cell phone from EOS-CCA asking for me.  She doesn't even live in my state.  Again, Debra is looking for me.  My friend is suspicious because the call came on her cell.  She says "This isn't her number.  She is away, I don't know when I'll talk to her." Debra leaves a number.   Today, my brother, on the opposite coast of the US get a Notice of Collection Placement from EOS-CCA about a debt with ATT.  I have to do some digging to see if I actually owe any money to ATT.  I haven't had service with then in quite some time and I'm current on everything.  The letter is very specific, providing what I would think is considered private if the address is not known to be mine...account, amount owed, etc.  I've never been contacted by EOS-CCA, but yet they're calling people I know.  My mother's address or phone, my brother's and my friend's aren't on any paperwork or anywhere in my credit file to even be listed as connected with me.  The only thing I can think is they have an actual ATT phone bill and are calling numbers from the bill? Is any of this legal?

If it turns out I do owe the money, what is the best course of action to pay it?  I googled EOS-CCA and read horror stories.  Whether I owe the money or not, how do I stop them from contacting people I know - especially since they've never contacted me?  Will they send letters to everyone with the same last name as me?  My biggest concern is if they've placed this on my credit report (that's next for me to pull) and the damage it might do.  I've spent the last several years climbing back from a really tough spot and getting that number back up.

Thank you so much for your help in advance!

ST

[rckstrscott]

From my fairly limited understanding it is legal, but you can also write and demand that they stop all contact except through the US mail. That is what I did with a bothersome collections company I had. If you Cease and Desist them, they will be unable to contact you but they may just sue you. You definitely don't want that, not for what should be a smallish collection debt.

With that said, how old is this ATT debt? Reason I say this is because I had a horrible time with EOS-CCA in getting them to validate my debt I had with them. It was also an ATT bill from 2007.  After no responses, I did some digging on my own, found an email address and offered to PFD (pay for delete) the debt although they didn't validate it. The sent a letter in the mail 5 days later that said they are unable to collect on this debt as it was no longer assigned to them and the removed it from my credit reports.

I can forward you the information if you want to go that route. Maybe your debt was included in the same assigned debt file that mine belonged in. If you wanna pursue it this way, feel free to PM.

-scott

[RobertEG]

Such calls are legal, but have restrictions.

Third-party calls can be placed to any party who is not the "consumer" alleged to owe a debt (spouses are considered to also be the consumer, and are not considered to be third-parties).

Such calls are called requests for "Acquisition of Location Information," and are provided for under FDCPA 804.

They can only request "location information" regarding a consumer, which is defined under FDCPA 803(7) as "the consumer's place of abode and his telephone number at such place, or his place of employment." 

They cannot disclose to the third party that the subject consumer owes a debt.

Such calls are limited to one such request unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete, and that such person how has correct or complete location information.  If you tell them that the party is not available now, that opens the door for reasonable belief that a later call might obtain the location, and thus, in my opinion, permits them to call again.  I would simply tell them that you have no information on the persons location, period.

Other than such "location acquisition" requests, FDCPA 805(b) prevents any other types of calls to third-parties without the prior consent of the consumer (unless they have been granted express permission by a court.

You cannot send the debt collector a cease communication letter preventing them from making such location information requests to third-parties.  Cease communication letters under FDCPA 805(c) only apply to communications with the consumer.  It is their statutory right to make such inquiries.

[Anonymous]

Thanks Scott.  I haven't had ATT service since Sept, 2009... though the bill that went to my relative (at an address I never lived at and is no where in my credit info) states it's from ATT cellular and I haven't ever had that service.  So the very soonest any debt could be from would be then, though I'm surprised I would just be hearing about that now. I checked my credit report and while EOS-CCA hasn't posted to my report, another CA did back in January for the same debt.  So I'm guessing it's been reassigned from them to EOS-CCA.  Never received any communication from the prior CA either.  I would appreciate you forwarding the information.  Thanks!  

Thank you Robert for explaining about who they can contact and when.  So based on what you've written... sending an actual Notice of Collection Placement to my brother's address, across the country in a state I've never lived in at an address that isn't connected to me whatsoever might not be legal. EOS-CCA has never contacted him by phone.   I still don't know how they got my friend's cell phone number unless ATT shared phone numbers from my last bill with them (Sept, 2009) 

Ugh, I hate to even have to deal with them.  I thought that part of my life was long gone years ago and I'd never have to experience the tactics of collection agencies again.  I guess the next step is to ask them to validate the debt?

Thank you again!