My citation of Section 805(b) came straight out of the FTC Staff Commentary on the FDCPA. I didn't cull that from any far-reaching source. I think it's pretty clear in what is says. If the collector has location information already in it's possesion, then they have no reason to be harrassing 3rd parties. You can sit there say 'its not harrassement' but when someone keeps calling me for something that either has nothing to do with ME or prying for information that I do not, by any law, have to give them, then I, and most people, would consider that to be harrassment, and I have the right to STOP IT. If it takes an air horn in the phone repeatedly to get my point across, then that's what I'll do, but I will not put up with repeated intrusions from ANY source.
The FTC Staff Commentary also says:
Section 804 requires a debt collector, when communicating with third parties for the purpose of acquiring information about the consumer's location to (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 refer to the debt, (3) usually make only a single contact with each third party, (4) not communicate by post card, (5) not indicate the collection nature of his business purpose in any written communication, and (6) limit communications to the consumer's attorney, where the collector knows of the attorney, unless the attorney fails to respond to the communication.
The Commentary also says this of Section 806:
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.
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.
Are we seeing the pattern here ?? I find it extremely hard to believe that with all of the databases that these CA's subscribe to for skip-tracing purposes that they don't already have the location information they pretend to be digging for. No one is ever completely 'off the gird' any more.
Yes, I know, Section804 says 'usually'.. well, obviously the collector has called the sister more than once and DID speak to her, but again, the sister is not in any way obligated to even talk to them, let alone divulge any information. The sister has a right to tell these people to get stuffed.. and she should do so. The collector should have brains enough to recognize that they're NOT going to succeed and move on. But then, we all know about the caliber of the people working these call centers.. the prevalence of HS dropouts and even deadbeats themselves, even criminals. so intelligence certainly isn't a big factor.
As for going 'ragged' I woke up this morning with a huge MIGRAINE and I was certainly not in a very good mood.. too bad. The whole world doesn't go thru life with an idiotic smile and a 'lay down and run over me' demeanor.
Oh yes, I despise collectors, the ones that cause all the trouble and complaints should be strung up by their thumbs or tied to an ant hill. They have little regard for the law and it's getting WORSE. The complaints to the FTC are piling up, increasing daily, and I have no doubt that the new bankrutpcy law has emboldened the worst of the collection lot to behave even more reprehensibly than before. You have to draw the line somewhere, people are not cattle up for slaughter and they do not have to 'roll over' for some dipstick on a powertrip working in a collection call center who thinks he can get away with anything he/she wants to to make their quotas.
The OP needs to find her own way of dealing with the situation.. and so does her sister.