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Hi all, so I just got a collection call for my sister and her husband on my home phone (which I don't use or give out to anyone but is listed). They first asked for me, when I said yes, he said actually we are looking for a relative of yours..........She has been married for 4 years, and I have only had this number for 5 months.
Is this legal, an a collection agency do this? If not what should we do about it?
Thanks
@jackig64 wrote:Hi all, so I just got a collection call for my sister and her husband on my home phone (which I don't use or give out to anyone but is listed). They first asked for me, when I said yes, he said actually we are looking for a relative of yours..........She has been married for 4 years, and I have only had this number for 5 months.
Is this legal, an a collection agency do this? If not what should we do about it?
Thanks
Here is what FDCPA 804 has to say:
Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall—
(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;
(2) not state that such consumer owes any debt;
(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;
(4) not communicate by post card;
(5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and
(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney’s name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to the communication from the debt collector.
Hmm well all he said was that he was looking for His or Her Last Name and asked if I was a realtive. They also called my EX mother in law a few weeks ago, whch is equally odd as I never ever lived with her, although my ex husband has moved back home with her. This just doesn't feel right to me.
@jackig64 wrote:Hmm well all he said was that he was looking for His or Her Last Name and asked if I was a realtive. They also called my EX mother in law a few weeks ago, whch is equally odd as I never ever lived with her, although my ex husband has moved back home with her. This just doesn't feel right to me.
I'm certainly no fan of CA's and their tactics but it sounds like they are following the law in trying to find someone. But at the same time I know how annoying it is to field calls for someone else.
From a BK years ago to:
EX - 3/11 pulled by lender- 835, EQ - 2/11-816, TU - 2/11-782
"Some people spend an entire lifetime wondering if they've made a difference. The Marines don't have that problem".
Many CAs will repeatedly call family members, bordering on harrassment in my opinion.
Unfortunately, there is nothing illegal about this, unless you explicitly have made it clear that your sister is not living there, and has not, and will not be living there.
You might ask your sister to send the CA a letter instructing them to only communicate with her via mail, and forbidding telephone calls.
One time a CA googled my name, got my mom's number in a different state, and called her. I freaked out on the CA when I spoke to them. Another time they called my step mom - also in a different state. Fortunately I have not had a debt collector call me in a long time.