Re: neighnors being called

Posted by LadynRed (66.20.104.214) on February 06, 2003 at 20:23:58:

In Reply to: neighnors being called posted by vip9250 on February 06, 2003 at 19:42:02:

RMA=scumbags !!

If they have your current address and phone number they are NOT allowed to contact your neighbors, period ! They are allowed a call like that ONLY to get location information and that only ONCE. Once they have that info, they are not allowed to repeatedly call that 3rd party. If they already have that, then these calls are violations of the FDCPA.

If you speak to these dirtbags, you need to remind them that their calls to your neighbors are ILLEGAL under the FDCPA Section 804:

"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."

They're probably in violation of Section 805, which says they cannot discuss your debt with any 3rd party without your specific written consent.

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