Collections Still caling relatives, Im making payments though!

[Bendernyc]

What is the name of your state? - New York

I got contacted by a collection agency a couple of months ago, bottom line we reached an agreement and I have been making monthly payments. I went on vacation for 2 weeks and I found out that I was late with a payment, but my payment agreement was still valid and intact. I even got a letter telling me to make 2 payments by sept 5th of this year and my agreement would still be active.

This collections **** called my relatives during this time, she cant have the right to do this, I want to know if this still goes on can I do something about it? Its one thing if I didnt contact them for months, but I'm making my payments and keeping my agreement rules. Whats next, Im late with my phone bill and they call my mom? Any suggestions would be great, thanks.. -Bender

[Debt Guy]

They are allowed to attempt to locate you. Calling a relative falls into that category.

They are not allowed to discuss your personal business with any 3rd party.

[cha0sman]

Originally Posted by Debt Guy

They are allowed to attempt to locate you. Calling a relative falls into that category.

They are not allowed to discuss your personal business with any 3rd party.

thats correct. but they are not allowed to call a 3rd party if they have all three of these:

- They have a good number for the debtor

- They have a good address for the debtor

- They have the name of the employer

otherwise it would be a violation of FDCPA

[Debt Guy]

I'm not sure I agree. If you don't answer the phone, then they don't know if they have a good phone number any longer or not.

Maybe it falls in a gray area -- but the point is that the creditor is allowed to call relatives (or neighbors) for the sole purpose of locating you.

[debtcollector`]

Originally Posted by cha0sman

thats correct. but they are not allowed to call a 3rd party if they have all three of these:

- They have a good number for the debtor

- They have a good address for the debtor

- They have the name of the employer

otherwise it would be a violation of FDCPA

Wrong. Try again.

Here is the actual law --
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.


DC

[NYMinute]

you're my favorite poster. Always with good info. Even though you're a debt collector and not liked by many..LOL
I think you're great.

Originally Posted by debtcollector`

Wrong. Try again.

Here is the actual law --
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.


DC

[JETX]

Originally Posted by cha0sman

thats correct. but they are not allowed to call a 3rd party if they have all three of these:

- They have a good number for the debtor

- They have a good address for the debtor

- They have the name of the employer

otherwise it would be a violation of FDCPA

And of course, that is NOT true.

From the FDCPA (Fair Debt Collection Practices Act):
§ 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.
Source: [url]http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#804[/url]

[Ladynred]

I think you're all stretching this.. they HAVE the OP's location information and calling relatives is just a pressure/embarrassment tactic. Just because they can't reach you on the phone does not mean the number is suddenly no good, who the heck is home 24/7 anyway ??

Per the FTC's Staff Commentary on the FDCPA:

2. Location information. Although a debt collector's search for information concerning the consumer's location (provided in section 804) is expressly excepted from the ban on third party contacts, a debt collector may not call third parties under the pretense of gaining information already in his possession.

And they they have this to say:

SECTION 806 -- HARASSMENT OR 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.

I'd say send the collector a letter and tell them specifically that they are NOT to bug your family just because you may not be home to pick up the phone !

Further, if your 'agreement' isn't in writing - you've got NOTHING.

[JETX]

Originally Posted by Ladynred

I think you're all stretching this.. they HAVE the OP's location information and calling relatives is just a pressure/embarrassment tactic. Just because they can't reach you on the phone does not mean the number is suddenly no good, who the heck is home 24/7 anyway ??

LIR, we have missed you. You have been ignoring us so that you can spend time over on that 'other' forum... where you are indeed the forum queen.

However, you are not correct on this one. There is NOTHING in the OP's post to even suggest that they (the debt collector) had the 'location information' or that their 'calling relatives was just a pressure/embarassment tactic'. In fact, there is nothing to even suggest that the debt collector said ANYTHING in violation of the FDCPA. The OP's concern is only that the debt collector "called my relatives during this time". That in itself, and without any further information, is NOT illegal, improper or a violation of anything. Now, if the OP wants to come back and clarify what the contact was about..... that could be something else.

[Ladynred]

LIR, we have missed you. You have been ignoring us so that you can spend time over on that 'other' forum... where you are indeed the forum queen.

Ignoring you ?? NOPE !
I was on vacation in NY for 8 days.. 9 if you count the overnight delay caused by USless Airways. This week I've been catching up on my genealogy research, lots of new data from my trip to organize and get entered. Posting here takes a lot of my time, and though I do it all voluntarily, I do need to prioritize my time for a while. I'm taking a new class for the next 6 weeks too and I'll have homework that needs to be done

To make matters worse, I've had the worst stiff neck and shoulder for the last few days, probably stress, but who knows. My trepezius area feels like rock -- I need a good massage. Sitting on the computer makes it worse .. so I've tried not to spend too much time on it over this long weekend.

I'll be around, but it may be sporadic

[JETX]

Originally Posted by Ladynred

I need a good massage.

Pick me!! Pick me!!!
I give one of the best toe to nose massages in the WORLD!!!

[Ladynred]

OKAY !! Sounds great -- I'll take it. How soon can you get on a plane to TN ??