Re: Please refresh my memory....
11-16-2012 12:22 PM
Any debt collector considering calling any party regarding their collection on a debt must make a primary initial determination under the statute, as that determination defines what they can and cannot do in any contact. That determination is whether they honestly and reasonably believe the person they are contacting is the party asserted to owe the debt. Of course, they can later be shown to have been incorrect in that determination, which is not in and of itself a violation of anything provided they had reasonable documentation to support that conclusion.
If they dont reasonably consider the party being contacted to be the actual consumer alleged to owe the debt, they cannot disclose in that communication that the consumer they are attempting to locate is even alleged to owe a debt. Period.
Hard to show whether they had any reasonable basis for concluding the party they are calling is the consumer alleged to owe the debt, but if they did not, then they are open to legal action for knowing violation of the FDCPA.