Can a CA call someone up, and leave this message on their answering machine: "Hello, this call is for <chrisb> this is Mike from <collection agency> calling about your unpaid Discover Card debt. Call me back at <phone number> so we can discuss this. It's important that you call me back, we can make a deal to work with you." And to top it off, it isn't like they've spoken to me at that number, the phone they left the message on is 2000 miles from my home, in my parent's house, in a state that I've never lived in. I stupidly put my parent's real telephone number down as a personal reference when I bought my wife a new car last summer. The CA has left several messages, all on the answering machine while my parents were at work. I've gotten the tape of one of the calls, and have a decent record of date and time for the calls. Would I be best to send them a C&D with some verbage reminding them of the violations they've made, or just start persueing a lawsuit? It's a direct violation of the FDCPA to inform someone other than the intended party that you are collecting for a debt, and another violation to inform someone which original debtor you're collecting for. Thanks for all your help. ChrisB
They cannot disclose your debt to a second party. They can only call a reference to locate you and then they still can't disclose they are a CA. IMO they violated the FDCPA. You have the tape? If it were me I wouldn't be sending a C&D, I would be sending them a summons for court! That in effect should get them to cease quite quickly! Check your states laws as well, in my state this is considered harrassment by a CA to do this. Tac
