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Old 10-28-2004, 06:11 PM
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Join Date: Apr 2004
Posts: 32

Collection Agency within Legal Guidelines?


What is the name of your state? Florida

We have a collection agency who has taken over an account we had with a Credit Card company. We have disputed the amount with the CC company and the only response we received was them turning this over to collections.

This collection agency has called our work 2-4 times per day for the past week. We have not taken the calls. They have since called 3 of our neighbors leaving messages (2 of whom we don't even know that well).

Isn't their any legal guidelines that this company has to follow? Can they legally harrass our neighbors and us at our work number?

Thank you.
  #2  
Old 10-28-2004, 06:42 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
If this is a 3rd party debt collector, then they ARE bound by the Fair Debt Collections Practices Act (FDCPA). Under the FDCPA, calling you at work is NOT allowed once you notify them that your company prohibits personal calls and they are not to call you there again. Verbal notice IS binding, but you may still have to send them a letter - these CA's are thick-headed. Also, under the FDCPA, calling your neighbors when they already have valid location/contact info on you is ILLEGAL. The FTC even says that using your neighbors as a messenger service (take them this message) is illegal at ANY time.

Read the FDCPA - learn your rights and their limitations. If they're 3rd party, send them a cease and desist letter telling them they are not to contact you at work and all further contact is to be by MAIL ONLY.

If this is coming from the creditors in-house collections, then the FDCPA may not apply. Original creditors can get away with murder.

.ftc.gov/os/statutes/fdcpa/fdcpact.htm
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