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I've been helping my sister with NCC / Bank of America account.
NCC called her boss (at his residence) and repeatedly called her at her office.
We sent them a Cease and Decist Letter, advising them they can only contact her through the mail and can only contact her.
She called them, got an agent and advised the agent that the call would be recorded, agent said ok.
She again told them to only contact her and her only through mail.
She asked for DV, twice, once by mail, once by phone (agent refused).
Again, NCC called her boss (at his residence) and called her at office.
She called NCC, advised them of their failure to follow the law. Agent turned her over to an agent who apologized and told her that they would no longer be handling the account, they were returning it to B of A.
What to do now?
Contact BofA to confirm debt ownership. They'll likely ship it to a new CA. Before they do that, I'd try one or two attempts at a PFD or I will PIF then GW later.
Sue them?
They called her boss? At his home???
OK, I'll back away for those who know the actual details of what collectors are allowed to do. Pretty sure this isn't one of them.
I cant advise you on how to proceed. You have options, based on the law. They have apparently violated requirements of the FDCPA (discussed below), which can be dealt with in a number of ways.
Administrative enforcement of the FDCPA is charged to the Federal Trade Commission (FTC). So if they have violated any provision of the FDCPA. your adminsittative avenue is to file a complaint with the FTC under FDCPA 814. The FTC has the power to act on your complaint, but from practical eperience, the FTC very rarely will take legal action against the debt collector unless it relates to a big-ticket, joint-action complaint by many creditors. So dont hold your breath on that one.
You can contact your state attorney general, and file a similar complaint under their state version of the FDCPA. Again, they may or may not put it high on their lheir prority list, but also an action you can take.
You can file a complaint with your local BBB, who will write a letter of inquiry, but has no actutal legal standing.
OR, you can just bring legal action on your own,and forgo any decision making by others. But that will cost you time and money. And a showing of the actual amount of monetary harm their violation caused.
As to the substance of their actions, please read FDCPA 804.
What they are entited to do is to call a party other than yourseof, such as your employer, merely to acquire location information on how to contact you. They cannot, in any such communication with a third party, state that you, the consumer, owes a debt. They are limited to only one call to that third party, unless the party has requested that they call again (unlikely), or "the debt collector reasonably believes that the earler response of such person is erroneous or incomplete." Kinda nebulous statutory language. Hard for you to legally enforce a statute based on their "belief.".
You have the right, under FDCPA 805(c), to notify then in writing that they are to cease all further communications with you.
You also have the right, under FDCPA 805(b), to notify them that,except for their entitled, one time call under FDCPA 804(3), limted only to obatinind your location information, that they are to also cease an communicattion with any third party.
You additionally have the right, under FDPA 805(a)(3), to notify them that they are not to make any calls to your place of business, which requires only that you state, in that notification, that your employer prohibits such private communications not related to your job.
Sue them.
Did NCC tell your sister's boss that they were collecting a debt? What, exactly, did they say to her boss? Did your sister send the C&D letter CMRR? Will she be able to prove that they continued to call her at work (phone records) after the C&D was received? Did they ever send a dunning letter?
My suggestion would be to contact a consumer attorney to sue them in U.S. District Court (vs. doing it yourself in small claims). You should be able to find an attorney who will review your case, and file without your sister needing to cough up any money. If you've got evidence of these violations of the FDCPA, I doubt that you'll have any problems finding an attorney who will extract their legal fees from the defendant.