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Old 01-11-2003, 04:30 PM
kibbi
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Can they call my 81 yr. old mother?


What is the name of your state? Missouri

I have a credit card company calling my 81 yr. old mother (I do not live at that address) and telling her that I have not made a payment on their account for a very long time and that I need to call them. The acount has been with a risk management company for about 4 months and the credit card company has beensent a letter telling them that all communication should be through the risk management company. They told my mother that if she wanted to help me out and pay something on the account that she could call a number they gave her and they could then tell her what is going on with the account. Can they legally do this?
  #2  
Old 01-11-2003, 05:00 PM
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Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,534
Kind of....
The collector has the right to try to locate or contact you, and this includes contacting relatives, employer, neighbors, etc. But they CANNOT reveal anything about your debt or the nature of the call. If you want to spare your grandmother from any more of these calls, contact the collector and let them know how to contact you.... and to cease calling her.

Here is what the FDCPA says as to their contacts:
"§ 805. Communication in connection with debt collection [15 USC 1692c]
(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --
(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;
(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or
(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.

(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 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 a 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.

(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --
(1) to advise the consumer that the debt collector's further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

(d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator."
Source: [url]http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm[/url]
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!

Last edited by JETX; 01-11-2003 at 05:03 PM.
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