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Re: collection agency calling for my son-Re:didn't mean to post twice


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Posted by scott (24.166.35.102) on December 04, 2002 at 00:04:15:

In Reply to: Re: collection agency calling for my son-Re:didn't mean to post twice posted by Rhonda on December 03, 2002 at 23:57:30:

IT was kinda a joke but if you wanted to find out who exactly is harrassing you then you give them my phone number and I pretend to be your son until I find out who it is. Then you could take legal action against them starting with a cease and desist. Actually, it is illegal for them to not state who is calling.
FDCPA
§ 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;

The next time they call ask for their name and company info. When they refuse tell them the FDCPA statute 804(1) states they must give you this information and if they still refuse tell them you will have their call skiptraced and will file criminal harrassment charges against the caller and civil charges against the collector and company for violations of the fdcpa along with complaints to the BBB, FTC, and their attorney general. Also let them know the FCC can shut them down if they find cause for complaint.
If they say they can still call remind them they are allowed one call and they are in violation of :
FDCPA
§ 806. Harassment or abuse [15 USC 1692d]
A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
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

Memorize this. Better yet, print it out and underline the important parts. Put it next to the phone and the next time they call lay into them.


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