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Debt collector harrassing me about a relative

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valari500

Junior Member
New JerseyCan a debt collector continually call me regarding the whereabouts of another family member?How do I stop these calls? I have asked them to stop calling and told them they have the wrong number but they continue to call. They also demand that I find the person for them and tell me they will label me as "uncooperative" if I do not help them and give them another phone number. The person in question does not have a phone and I could not help them if I wanted to, which I do not.

I don't owe these people anything. They call every day. What recourse do I have?
 


Per the 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;

(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;

§ 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.

§ 806. Harassment or abuse [15 USC 1692d]
(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.

Here's a link to a sample C&D letter. You'll need to modify it a little to fit your situation: http://www.creditinfocenter.com/forms/sampleletter7.shtml
 

grumpier

Junior Member
Tell them to cease calling you and take your name off the file. If they call again, call your local police department and file a complaint under violation of wiretap laws. (Annoying and harassing telephone calls)

Contact your state consumer affairs division and file a complaint.

Go to the Federal Trade Commission site and file a complaint.

File a complaint with the ACA and state associations with whom the agency is affiliated.

File a complaint with your local better business bureau.

File a complaint with the jurisdiction in which they hold their licenses.

Write a cease and desist letter and if they don't stop, you have excellent damages for a lawsuit.

There are far more laws than simply the debt collection law that pertain to harassment, especially from collectors who are trying to intimidate the debtor by harassing the family.
 

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