Mega Contributor
RobertEG
Posts: 17,502
Registered: ‎03-19-2007
Re: Please refresh my memory....
[ Edited ]

If a debt collector places a call to any third party that is not the consumer asserted to owe the debt, that contact is regulated by FDCPA 805(b)

 

FDCPA 805(b) generally prohibits a debt collector from communicating with third parties unless that communication meets the condiitions of section 804, which relates only to assistance in locating the consumer.

 

Section 804 expressly limits such communications for the sole purpose of attempting to obtain location information for a consumer alleged to owe the debt.

It prevents them from stating that the consumer they are attempting to locate owes any debt, and limits them to one call to that third party 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.."

 

You are thus entited, if they place a renewed call, to ask their basis for reasonble belief that your earlier response was incomplete or erroneous, and why they assert you now have correct or incomplete information not previously provided.