fair collection pratice (please help)

georiga
i have recived a few messages in the past week from collection agency. my nieghbor walked over with one of these people on the phone, this was after my parrents were called. the company reaserched the adresses in my nieghborhood and called the listed number. i know these pratices are illeagle my question is how do i go about making it stop and how or where do i go to report this company?

[Ladynred]

How long ago did you pay the original creditor that has the collection agency after you ?

The FDCPA and the FTC says that IF a CA already has your correct location information (address and phone number) that it is a violation of the Act to call anyone else to take messages and using your neighbors as a messaging service is definitely also out.

They cannot discuss your debt with ANY 3rd party, not even your parents or its a violation.

If you want to stop the phone calls, send them a modified Cease and Desist letter telling them that they are to limit their contact with you to MAIL ONLY. Make sure you mention that this includes all phone calls to 3rd parties as well.

If you wish to complain, file a complaint with the FTC at [url]www.ftc.gov[/url]

thanks, i knew they were pteaking the law according to the fair collections act but didnt know where to report the violation.
oh yea not sure how long the card was paid but it was from inception of the acct. at least 3 years never late, late once intrest went to19.9% **************....buyer beware

[JETX]

"my nieghbor walked over with one of these people on the phone, this was after my parrents were called. the company reaserched the adresses in my nieghborhood and called the listed number."
*** A 3rd party debt collector CAN contact third parties under ONLY the following:
"§ 804. Acquisition of location information [15 USC 1692b]
Any debt collector communicating with any person other than the consumer for the purpose of acquiring 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 employer;
(2) not state that such consumer owes any debt;
(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;
(4) not communicate by post card;
(5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and
(6) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to the communication from the debt collector."

There is nothing in your post that says they were in violation of the above. If there was, then you would have a complaint.

[Ladynred]

Sure, but in the FTC Commentary on the FDCPA, they state the following under Section 806 - Harrassment and Abuse:

Section 806 prohibits a debt collector from any conduct that would "Harass, oppress, or abuse any person in connection with the collection of a debt." It provides six examples of harassment or abuse.
1. Scope. Prohibited actions are not limited to the six subsections listed as [53 Fed. Reg. 50105] examples of activities that violate this provision.

***2. Unnecessary calls to third parties. A debt collector may not leave telephone messages with neighbors when the debt collector knows the consumer's name and telephone number and could have reached him directly. ***

So between the ONE TIME ONLY restriction of Section 804 and the above, this BS of harrassing neighbors is a no-no.

[HomeGuru]

I like your BS description.

[JETX]

Ladynred said, "So between the ONE TIME ONLY restriction of Section 804 and the above, this BS of harrassing neighbors is a no-no."

*** Are we reading the same thread??? The only contact noted by this writer is: "my nieghbor walked over with one of these people on the phone,". There is NOTHING saying, or even implying that this has happened more than once. And st least in my book, that is FAR from 'harrassing neighbors'!!!

[Ladynred]

Well, if the CA's only done it ONCE, then its not harrassment, but it also says if they KNOW his current, correct info, they shouldn't be doing it ! In my book, its a deliberate humiliation tactic.

in an attempt to be brief i probably omited a few details such as the service i subscribe to will not unidentified callers through without stating a name( like a collect call ) these people dont state a name half the time and hence the caller is told if you do not identify your self we dont anwser. they have left messages on my machine which clearly says our name on it also these people talked to my family members the day before and my home adress and phone were verrified they also asked my family to give me a message to call them(is this wrong or does adress verrification include leaving a message) (this is the same reason my nieghbor brought the phone from his house to mine) one more question: when they called and asked my nieghbor to give me a message he offered to bring me the phone should they have declined the offer by law or can they accept?

[Ladynred]

Tell your neighbors to tell this CA that they are NOT your messenger service and hang up on them !! Clearly they have your correct contact information, they have NO business calling 3rd parties per my previous posts.