FDCPA Rule Question

[Anonymous]

I have now gotten 3 calls since July 9th regarding a collection for my wife.  I asked them politely the first and second time to remove me from their system as they have the wrong number.  Finally tonight being call #3 I tell the lady that they are violating the FCDPA and now I have the right to sue them in small claims court for not removing me from their system like I asked the previous two times.  They state they never talked to me and that they talked to my wife on the 9th from my number stating she never owned the account.  I know my wife has never talked with them from my phone nor would she ever even answer their call. 

Do I have a legal right to pursue them in small claims court for FCDPA violations?  Does it all have to be in writing or can it be verbal over the phone?  I have the call log on my cell phone where they have called me 3 times though they claim it's only twice.

According to my wife they call her phone up to 6 times a day though she doesn't answer.

[-Cain-]

If it's proof you need, can you let them know you intend to record and record the conversation where you ask them not to call anymore? I have no experience with that, just a thought. Is that allowable, anyone?

[RobertEG]

The FCRA does not regulate collection practices.  The FDCPA does.

Under FDCPA 805(d), the term "consumer" includes the spouse of the party owing the debt.  So they can legitimately call you.

If you wish to require them to cease communications with you, you can simply submit a cease communication letter, in writing, to them under FDCPA 805(c).  It must be in writing.  From the date of their receipt of that letter, they must cease further communications with you.

At this point, I see no FDCPA violation.

[Anonymous]

This wasn't an account I was joint with her on.

The other thing is they say they acquired it on July 5th.  We have yet to see any written correspondance about this collection in the mail.  Aren't they supposed to mail us something before contacting us or within so many days of contacting us?

You're right, I referenced the wrong law, but it's the same complaint.  Also, is there a section of that law that states they cannot call her multiple times a day (upwards of 6) every day?

[Anonymous]

Also, we have never received anything in the mail from this debt collector.

[llecs]

The FDCPA says the CA must mail you notice within 5 days of their initial contact with you. So, if the first call came in on the 9th, they have until today to mail you a notice. Keep your eyes peeled. Ready a DV.

There have been court cases with regards to what defines harassment with regards to the number of calls made. I can't recall the details in my head, but it's out there. IMO, 6 is excessive.

Back to the org. post, you cannot sue. If they call you and you say to stop calling, they are in the wrong, but it is the debotr who has to bring action against the CA. And I don't know how a husband and wife relationship would work into this either. I had CAs call my office over and over and over and over again, sometimes several times a day, even calls telling me I could go to jail if I didn't pass the call to my employee (big FDCPA no-no), but even though they are breaking the law after saying no, it is the debtor who has to bring action against the CA. I can't do it.

Be careful about recording a phone call. In some states, you don't need to notify that you are recording. In some states, you do.