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@Brian_Earl_Spilner wrote:
@QCS123 wrote:
@disdreamin wrote:I'm surprised that they can legally keep contacting someone who is not responsible for the debt they are trying to collect. Can't you do a cease and desist in this situation?
That is a good question...anyone?
Why would it be illegal? It's no different than a sales cold call. Until you tell them otherwise, there's no law saying they can't call someone. Are they insinuating that you owe the debt? If they believe, or have proof that may be so, they have a legal right to continue calling you until you say otherwise. Like I stated in my previous answer, they're probably trying to get better contact info for your sil. You need to tell them to stop or they'll continue putting pressure on you to put pressure on your sil to make contact. There's nothing illegal about it, just annoying. And for me, that's what I was going for. Annoy them enough, they hound the debtor to call in to make their own calls stop.
I thought I'd read somewhere that if you made them aware that it wasn't your debt (and it actually wasn't) then them continuing to call would be an issue (as in, illegal). Perhaps this isn't correct, but it was the gist of what I found when I tried looking into this.
@disdreamin wrote:
@Brian_Earl_Spilner wrote:
@QCS123 wrote:
@disdreamin wrote:I'm surprised that they can legally keep contacting someone who is not responsible for the debt they are trying to collect. Can't you do a cease and desist in this situation?
That is a good question...anyone?
Why would it be illegal? It's no different than a sales cold call. Until you tell them otherwise, there's no law saying they can't call someone. Are they insinuating that you owe the debt? If they believe, or have proof that may be so, they have a legal right to continue calling you until you say otherwise. Like I stated in my previous answer, they're probably trying to get better contact info for your sil. You need to tell them to stop or they'll continue putting pressure on you to put pressure on your sil to make contact. There's nothing illegal about it, just annoying. And for me, that's what I was going for. Annoy them enough, they hound the debtor to call in to make their own calls stop.
I thought I'd read somewhere that if you made them aware that it wasn't your debt (and it actually wasn't) then them continuing to call would be an issue (as in, illegal). Perhaps this isn't correct, but it was the gist of what I found when I tried looking into this.
I am not positive that the CA has been told anything like that:
"..I am now getting debt collector calls, so far all have gone to VM as I don't pick up my cell is I don't recognize the number.."
@disdreamin wrote:
@Brian_Earl_Spilner wrote:
@QCS123 wrote:
@disdreamin wrote:I'm surprised that they can legally keep contacting someone who is not responsible for the debt they are trying to collect. Can't you do a cease and desist in this situation?
That is a good question...anyone?
Why would it be illegal? It's no different than a sales cold call. Until you tell them otherwise, there's no law saying they can't call someone. Are they insinuating that you owe the debt? If they believe, or have proof that may be so, they have a legal right to continue calling you until you say otherwise. Like I stated in my previous answer, they're probably trying to get better contact info for your sil. You need to tell them to stop or they'll continue putting pressure on you to put pressure on your sil to make contact. There's nothing illegal about it, just annoying. And for me, that's what I was going for. Annoy them enough, they hound the debtor to call in to make their own calls stop.
I thought I'd read somewhere that if you made them aware that it wasn't your debt (and it actually wasn't) then them continuing to call would be an issue (as in, illegal). Perhaps this isn't correct, but it was the gist of what I found when I tried looking into this.
Depends on purpose of call. In my case I wasn't calling about the debt. I was trying to get info on the person that owns the debt. While you could angle that it was debt related, the purpose of the call was not to discuss the debt, which would be illegal.
@Credit17 wrote:
@Brian_Earl_Spilner wrote:
@QCS123 wrote:
@disdreamin wrote:I'm surprised that they can legally keep contacting someone who is not responsible for the debt they are trying to collect. Can't you do a cease and desist in this situation?
That is a good question...anyone?
Why would it be illegal? It's no different than a sales cold call. Until you tell them otherwise, there's no law saying they can't call someone. Are they insinuating that you owe the debt? If they believe, or have proof that may be so, they have a legal right to continue calling you until you say otherwise. Like I stated in my previous answer, they're probably trying to get better contact info for your sil. You need to tell them to stop or they'll continue putting pressure on you to put pressure on your sil to make contact. There's nothing illegal about it, just annoying. And for me, that's what I was going for. Annoy them enough, they hound the debtor to call in to make their own calls stop.
FYI -- sales cold calls to individuals are not permitted.
Actually, it's very much legal. It's the reason the TSR and do not call registry exists.
https://www.ftc.gov/business-guidance/resources/complying-telemarketing-sales-rule