Fair Debt Collections Practice Act

[lgw]

What is the name of your state? Illinois

My brother-in-law is recently diasabled and he has named me power of attorney. One situation I "inherited" was an outstanding credit card debt. Advanta Bank Corp. has been calling me 5-6 times a day even after making some payment arrangements. I did send a letter to tell them to stop calling but then the collections people at Advanta said the FDCPA doesn't apply to them. After reading other messages it appears that since they are the "original creditors" that might be the case. However, someone else mentioned if collections was a separate office (which it is in Advanta's case) then it should apply. Can anyone one give me clarification on this? And since I am only power-of-attorney can they keep calling me anyway? Of course, bottom line, how do I make them stop calling?

Thanks for your help.

[Ladynred]

If the collection offices of Advanta are using the same company name, then they are still not considered 3rd party collectors and the FDCPA does not apply. IF they were calling themselves something else, then it could apply.

Is your payment arrangement in writing ??

You can always send them a cease and desist letter specifying that they should communicate ONLY in writing - but they do not have to honor it - unfortunately.