I've been reading but can't find where it states (other than 809(a) which isn't really what i'm looking for) that when they call you, they have to disclose that they are attempting to collect a debt. Does anyone know what the exact code is?
Ok, I really think I need to get a life... § 807. False or misleading representations [15 USC 1692e] A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (11) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.
§ 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. The required notice is found in 804 (1).
prosub, that's actually for third party communications, where they can't reveal the debt collection purpose, that they must reveal the name, and only that they are confirming the name and address of the consumer. (See (2), where it states that they can not mention anything about the consumer they are inquiring about, owes any debt.) 807(11) covers when they are communicating with the consumer, that they must disclose the debt collection purpose.
The courts have also applied the identification requirements to encompass communications with the consumer as well. If you check the CA's written notice/dunning letter, usually at the very bottom, it will state that the notice/letter is from a debt collector and that they are attempting to collect a debt and any information obtained will be used for that purpose. Most state collection practices laws also require CA's to include the notice/warning in every communication the CA has with a consumer. One of the reasons CA use telephone solicitations is that it's very hard, unless you record your conversations with the CA, for a consumer to prove in court that the CA did not properly id them-self or was verbally abusive or deceptive, nothings in writing.
