Re: Violation of FDCA? Need opinions..
These are excerpts from the FDCPA:
§ 805. Communication in connection with debt collection [15 USC 1692c]
(b) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
They're definately guilty of this. Do you have a telephone recording device? If not, you can pick one up for a low price at Radio Shack, or Walmart. Depending on what state you and the collector are in, you may be able to record these phone calls without letting him know. That way you'll have proof of:
§ 806. Harassment or abuse [15 USC 1692d]
(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.
Also, you could send a C&D letter advising them that contact is acceptable through the mail only.
It's all in your mind, or is it?
Notice to Collection Agencies: CN is about to kick you back into the dot-matrix age.