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Collection agency refuses to identify itself

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CBrent
New Contributor

Collection agency refuses to identify itself

I received a call about a debt my mother allegedly owes, not me. While they did provide the name of an original creditor, they refused to provide me their (the CA's) name or mailing address.  They would only say that they had mailed a letter to my mother's "address on record," and that she could respond to the address on the letter. I didn't ask what address they have on file or confirm that she owes any debt, of course. 

 

Any advice about how my mother or I should hande this would be much appreciated.

Message 1 of 5
4 REPLIES 4
Anonymous
Not applicable

Re: Collection agency refuses to identify itself

They potentially have already violated federal law (FDCPA) by speaking with you about her debt. Unless she has given express permission to do so, only a spouse may be given *any* information concerning a delinquent debt. Legally all they are supposed to tell a third party is how the person can contact them - even mentioning the word "debt" is a violation.

Message 2 of 5
CBrent
New Contributor

Re: Collection agency refuses to identify itself

Well, I pulled her Equifax report with her permission and she has no such account on file, so it's likely a scam, perhaps a zombie collector.  

Message 3 of 5
Anonymous
Not applicable

Re: Collection agency refuses to identify itself


@CBrent wrote:

Well, I pulled her Equifax report with her permission and she has no such account on file, so it's likely a scam, perhaps a zombie collector.  


 

Yup, most likely you are correct there.

Message 4 of 5
RobertEG
Legendary Contributor

Re: Collection agency refuses to identify itself

I agree with the advice given, and would only add that a debt collector is required, when calling any third party, to "identify himself."  See FDCPA 804.

 

I would keep a log of the call along with identification of their violations, including informaing you, as a third party, or the existence of an alleged debt and their failure to identify themselves, and the more serious violation of FDCPA 805(b) prohibiting commenications with third parties other than to obtain location information.

If you ever obtain theri identity, a formal complaint to the CFPB would be in order for those documented violations, along with a debt validation letter.

 

Until then, their tactics indicate they are not a legit debt collector........

Message 5 of 5
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