FDCPA Violation or Not?

[KLAchemist]

What is the name of your state? OH

Ok, someone from the previously described dirtbag attorney's office called MY place of employment looking for my husband and then looking for ME. This is my husband's debt incurred before we were married. The caller asked a coworker to verify MY employment and MY income. Is this an FDCPA violation or not? They were told not to call back and they called back a second time as well. (Just trying to see if we have any grounds for countersuit)

-Kristi

 

[seniorjudge]

Standard answer on expired SOL and/or validation and/or dispute letters.

SOL
http://www.bcsalliance.com/y_debt_sol.html

http://www.fair-debt-collection.com/Disputing_Collections/SoL-dispute-letter.html


Validation letter samples you can get at :
www.creditinfocenter.com
and www.creditboards.com


Disputes: You can write a letter of dispute to the three credit reporting agencies.

Go this website to find instructions and samples for how to dispute: http://www.creditinfocenter.com/creditreports/

Sometimes errors are easy to remove and sometimes they stick like glue. It is inexpensive to try and not difficult.

I am NOT a creditor-debtor lawyer; stand by for further help.

I am NOT vouching for the accuracy of these websites!

 

[KLAchemist]

Umm, ok, thanks, but what I was asking was...

I was not asking about disputes per se, but was asking whether the CA had the right to do what I described above or would it be considered unlawful harassment under the FDCPA. However, the info you provided did help for other reasons, so thanks.

 

[Ladynred]

If its not YOUR debt, then they have NO business going after you for anything ! Contacting YOUR employer is way out of line.

 

[maggyva]

While is it NOT a violation of the FDCPA for a debt collector to contact a spouse, friend, neighbor, family member, co-worker, etc. to ask them if they know how to CONTACT the debtor - it IS a violation of the FDCPA for a debt collector to ask someone OTHER than the debtor ANY OTHER QUESTIONS. So to answer your question, yes, the debt collector violated the FDCPA when s(he) asked your employer to verify YOUR employment and YOUR income, and I hope your co-worker refused to divulge the information, because otherwise, they also violated your rights. As far as your co-worker TELLING them not to call back and they did it anyway, there is no violation here unless you have documented proof that the debt collector continued to call you, or your place of employment, AFTER you notified them IN WRITING not to contact you. So the best way to handle this situation is to WRITE A LETTER to the debt collector telling them to NEVER CONTACT YOU AGAIN, because if they do, you MAY take legal action against them for violation of the FDCPA. Then, if they contact you again, you have the proof to show the judge that they violated the FDCPA and you can sue for $1,000 per violation. Otherwise, you have no proof to show a judge they violated the FDCPA and s(he) will throw you out the courtroom and (probaby) very meanly. Trust me, I know, I've been there (unfortunately) - but I learned a huge lesson and now there's not a debt collector in this country that can get over on me! So, bottom line, put EVERYTHING IN WRITING!

>Ok, someone from the previously described dirtbag attorney's office called MY place of employment looking for my husband and then looking for ME. This is my husband's debt incurred before we were married. The caller asked a coworker to verify MY employment and MY income. Is this an FDCPA violation or not? They were told not to call back and they called back a second time as well. (Just trying to see if we have any grounds for countersuit)

 

[ablessin]

I agree - I have been there - put it in WRITING for them not to call you at work anymore and they CAN NOT.

Additionally - I would HOPE that your co-worker doesn't even know what you make to even be able to attempt to verify your income.

These creditors- they are sneaky, slimy people!! They will do anything and it is so sickening! The things that they will try - I swear - I have one that calls my house I am not kidding you at least 4-6 times per day. They don't identify WHO they are or where they are calling from. One of these days I am going to answer and lay into whoever it is. To me, it's harrasment that they call over and over and over again in one day.
I'd call back if they would equip me with their name and who they are representing! Not just "we have an important call for you"...for all I know it's probably not even for me! Who knows.

 

[KLAchemist]

Ok thanks everyone

If you read my previous post these idiots also called and spoke to one of my husband's coworkers requesting the same info: employment verification and income. They even mentioned they were attempting to collect his debt, which is a no no. Nonetheless, it seems that they are not satisfied until they humiliate my husband and me where we work. Nonetheless, we are very fortunate that the people we work with are smart and did not disclose any information.

Tuesday was the first time this office ever contacted us. The account was with a different collection agency previously who, I can only assume, returned the account to the OC after we requested debt validation. The first collection agency basically hanged themselves anyway because they called and never followed up with any written correspondence.

Anyway, I am glad that this forum exists so that we can see what kind of dirty tactics these CA's use and know how to respond to them. I already mailed limited cease and desist letters today so that we would be able to collect in a lawsuit in case the attorney's office calls back, and with the lowdown dirty game they are playing, I can only assume they will.

Thanks again everyone.

-Kristi

 

[Ladynred]

show the judge that they violated the FDCPA and you can sue for $1,000 per violation.

And that is INCORRECT. The MAX you can get for FDCPA violations is $1000 PER ACTION - it is NOT per violation. Now, if you can prove actual damages, and that does include things like emotional distress, etc., THAT is where you can slam them for far more than the $1000.

It is a violation of the FDCPA for a CA to call repeatedly and cause the phone to ring simply to harrass:

§ 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:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.

(4) The advertisement for sale of any debt to coerce payment of the debt.

(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.

(6) Except as provided in section 804, the placement of telephone calls without meaningful disclosure of the caller's identity.

Its also a violation for them to talk to ANY 3rd party, except a guardian or spouse, about your debt:

§ 805. Communication in connection with debt collection [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

(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.

(d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

You need to get REAL cozy with the FDCPA: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm