Collection Legality Question

[Anonymous]

I recevied a voicemail today (on cell) from a collector trying to find my Sister-In-Law.  They actually left the message on my phone for my wife, looking for her sister.  Message was pretty explicit that they were looking for her to collect a debt.  Is this a common practice?  It doesn't seem right to me that a message would be left on a 3rd party's phone.

[Shogun]

Nope.. shouldn't be done at all.

[pizza1]

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@Anonymous wrote:

I recevied a voicemail today (on cell) from a collector trying to find my Sister-In-Law.  They actually left the message on my phone for my wife, looking for her sister.  Message was pretty explicit that they were looking for her to collect a debt.  Is this a common practice?  It doesn't seem right to me that a message would be left on a 3rd party's phone.

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save the message on your phone...totally against the law. Decreetly have your wife tell her sister that you got this call. this could be grounds for suing. Im sure your sister in law is embarrassed enough as it is.

[RobertEG]

The governing statutes are FDCPA 804 and 805(b) as follows:

"FDCPA 804  Acquisition of location information

Any debt collector communicating with any person other than the consumer for the purpose of acquring location information about the consumer shall

(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and only if expressly requested, identify his emplpyer;

(2) not state that such consumer owes a debt; "

""FDCPA 805(b)  Communications with third parties

Except as provided for in section 804, without express consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably 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 the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector."

[Kirmie2010]

"Except as provided for in section 804, without express consent of the consumer given directly to the debt collector,"

Wouldnt that mean, if the sister said it was ok or gave them the number, that its ok?  Not saying that she did or anything, but have you made sure she hasnt?

Thats annoying as heck, I remember back awhile when the creditors were calling my aunts, uncles and grandparents trying to get ahold of me =/  Ive even received calls for my uncle, as the person on the phone put it, we just put in the last name for his state and start calling if we cant get ahold of them directly.  (thankfully its different now)

[Anonymous]

Thanks to all.

interesting.....I will communicate with my wife and see what we want to do.  

[RobertEG]

Yes, if the sister (consumer) had given authorization to the debt collector to call others and disclose that a debt was owed, that would not be a violation.

Also be aware that the spouse of a consumer is also considered to be the consumer, and is not a third party.