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  #1  
Old 04-30-2002, 02:43 PM
drew12
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Debt collector phoning family members?


A debt collector is trying to discuss a family member finacial problem with me. He told me he has their permission. I have told him I do not want to discuss it with him,. I told him not to call back and hung up.
The debt collector is still trying to contact me over this matter. What are my legal rights?
  #2  
Old 04-30-2002, 02:59 PM
totallybroke
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**** U.S. LAW ONLY - PLEASE INCLUDE YOUR STATE BECAUSE LAWS VARY FROM STATE TO STATE.****
  #3  
Old 04-30-2002, 03:12 PM
drew12
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The family member lives in Minnesota. I live in Georgia.
  #4  
Old 04-30-2002, 11:25 PM
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Location: Nashville,TN
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Have you checked with the family member to find out if he DID give the collector 'permission' ??? If the family member did NOT give permission, then the collector is violating the Fair Debt Collection Practices Act, which states that a collector may NOT discuss the account with anyone:

"(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."

Check with the family member. If the collector is lying you can tell him you will file a complaint with the FTC your family member will sue him for violating the FDCPA.
  #5  
Old 05-01-2002, 11:46 AM
drew12
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The relative claims she didn't give permission. I will inform her of her rights.
Has any of my legal rights been broken? He has called more than once trying to discuss this matter with me. I demanded him not to call back.
  #6  
Old 05-01-2002, 08:25 PM
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Well, if your family member did not give this scumball permission to discuss her debt with you, then he is clearly violating the FDCPA and he can be sued, so tell him that you know he's violating a FEDERAL law. Since its her account and her privacy that he's violating, she can sue the collector for violating the law. You can go to the FTC web site ([url]www.ftc.gov[/url]) and file a complaint with them, but she should do the same. Since she didn't give permission, then his repeated calls to you constitutes harrassment and you should be able to file a complaint with the FTC as well.

Your relative should send a cease and desist letter (certified, return receipt) to this collector, this will stop him from contacting her ( or anyone else) about the debt. The next possible action would be a judgement, but a lot depends on the amount of the debt.

Here's the URL for the FTC and the FDCPA :
[URL=http://www.ftc.gov/bcp/menu-credit.htm]FTC Consumer section[/URL]

FDCPA: [URL]http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm[/URL]
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