Hello, I have a question for all of you concerning a friend of mine. He received a call today from someone who asked to speak to his neighbor. He took the phone over to the mother of the person they were trying to collect from and the mother cussed them out for calling him. The son of this lady doesn't even live there, he is 31 years old. Do they have any right to call my friend in regards to this man. My mother thought it was ok, because they were trying to find out the man's whereabouts, but I think it is complete bullshit they would call my neighbor about someone else's problems. He's pretty mad about it and is going to complain to the FCC about it. Is there anything he can do legally about this annoyance? What does the FCRA say concerning this. If anyone has any technical information regarding this, it would be highly appreciated. Thanks.
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. -Peace, Dave
matty, The important part of that provision is the word except. "EXCEPT for section 804..." Communications with 3rd parties for location information is allowed. Sass § 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.
Nave This is all well and good but can a Ca call me on my phone simply because a consumer gave them permission to do so. I don't recall giving them permission to call me skinderflirt
Next time one of us gets a collection agency with the collectors name on it we should call them and act like we are from a CA(make a name up) and start pounding on them for paying a bill they never heard of. We can call them a deadbeat, violate their rights, and yell and scream at them. That would be a ton of fun. They can get a taste of being on the wrong end of a bill you never heard of.
