Re: CA call for debt that's not mine.[ Edited ]
11-09-2012 12:42 PM - edited 11-09-2012 12:45 PM
The FDCPA makes clear distinction between two types of calls from a debt collector.
The first type of call is one that is directed at the party who is asserted to actually owe the debt. Such calls identify an alleged debt. They may speak with your spouse, who is treated under the FDCPA the same as the consumer alleged to owe the debt. Any initial call of this type triggers the debt collector's requirement to send dunning notice within 5 days thereafter.
The second type of call is to a third party who is not the one alleged to owe the debt. Such calls are strictly limited to attempting to obtain location information about a consumer, and may not disclose that they assert the party owes any debt. They are generally limited to one call, and cannot be barred by a cease communication letter from the debtor, but do fall under a cease collection bar if the consumer has sent a timely DV.
If they call and identify an alleged debt, and dont allege you to be that party, that is a violation of the FDCPA.