Re: Phone call by law firm[ Edited ]
12-04-2012 10:06 AM - edited 12-04-2012 10:12 AM
You should be able to find meat in the following to address their calls. Repeated calls without providing a basis for belief that prior responses have been erroneous or incomplete AND that you now have correct information is a violation. I would ask for such basis, and if not provided, inform them of intent to file a formal complaint with the FTC.
"FDCPA 805(b). Communication with third parties
Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or express permission of a court of competent jurisdiction, or as necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditorm the attorney of the creditor, or the attorney of the debt collector."
"FDCPA 804. Acquisition of location information
Any debt collector communicating with any person other than the consumer for purpose of acquiring location information about the consumer shall-
(1) identify himself, state that he is confirming or correcting information concerning the consumer, and, only if expressly requested, identity his employer;
(2) not state that such consumer owes any debt;
(3) not communicate with any such person more that 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 that the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can reasonably ascertain, such attorney's name and addressm 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."
The term "location information" means a consumer's place of abode and his telephone number at such place, or his place of employment."