Illegal to phone neighbors?

A CA can call your relatives or neighbors for the express purpose of locating the consumer but they cannot reveal who they are or why they are trying to locate you. If they disclose that they are a debt collector to an unauthorized 3rd party, then they have violated the fdcpa.

To expand on that, they can only call a third party to try to locate you--so obviously, if they have been calling you already, then there is no legal reason for them to be calling anyone else trying to find you anyways. They can only call a third party person one time, and only to try to locate you. They cannot then call that person back again.

Yes, I would think if they have your number and it hasn't been changed/disconnected they have no reason to call your neighbor. The only problem is that you're not answering the phone. Many CA's do start contacting neighbors/friends when you don't answer their phone calls or return their calls, even though they do have your correct information. My opinion is they do that for the express purpose of embarrassing you, not to locate you since they already know your number.

If the CA advised your neighbor of the reason they were calling, as in revealing information about your debt, then they have violated the fdcpa.

I would recommend sending a debt validation letter with a limited cease and desist thrown in; advise them you only want them contacting you directly by USPS mail, they are not to contact any third parties without your written consent.

Quote:

arlee1954, have you answered any of their calls, returned any of their calls, or even talked to the CA's in question yet?

In the beginning, I did speak with the callers. However, on a couple of other web sites, the advice was to NOT speak with collection agencies on the phone.

Also, when they call - and this has been going on for quite some time - they NEVER leave a message. They'll let the phone ring once or twice and hang up. Or they'll let it ring until the answering machine clicks on and then hang up.

Fortunately (for them), they did not tell my neighbor the reason for their call. She assumed it was someone I knew.

What is a "limited cease and desist letter"? And does anyone know where I can find sample letters?

Also, why would one credit card company have one collection agency in July and then another one in September?

Does anyone know anything about the following CA's: Jefferson Capital Systems LLC; RAB Inc; and of course allied interstate (I've already read abit about Allied Interstate).

I used to think it was easier to ignore CA's too; I was going through some difficult times with my physical health as well as mental health along with being unemployed, and figured I just didn't need the stress. One collector attorney I ignored finally sued me.

I was able to get representation through my local Legal Aide office and the attorney was able to get the case dismissed because of the pi$$-poor job the attorney did with the backup paperwork he submitted.

I jumped to the conclusion you might not have been returning their calls, as CA's tend to kick it up a notch when you don't. As in calling your neighbors, friends, employer, 1st grade teacher, family dog, etc. (well maybe not so much the last two, but you get my point)

It's best to deal with the CA's up front. If you don't have it to pay, then just tell them that. You don't, however, have to tolerate any of their cliche' CA chicanery and verbal abuse. If you are in a conversation with a CA on the phone and it starts deteriorating, then stick to the point you're trying to make and don't go for any of their verbal baiting. I believe someone on here advised making yourself sound like a broken record, repeating the same point you are trying to make over and over regardless of what the CA says. If it does deteriorate, then advise the CA you are hanging up and tell them you don't want them calling you again.

Here is a link to some sample letters: http://www.debtconsolidationcare.com/collection-agencies/state-sol.html

A limited cease and desist is you advising the CA, in writing, you no longer want them contact you or any third party by phone. They are only to contact you directly through USPS mail. I include a statement to the effect if I do need them to contact a third party regarding this matter (IE Attorney) I will provide them with written authorization. I always include a limited C&D clause along with my validation request whenever I send it out.

Any time you send a debt validation letter and/or (limited) cease and desist letter be sure to send it certified mail/return receipt requested. And hold onto that little green card you get back through the mail they signed for it on.

It has been said, some CA's will take a limited cease and desist as a full cease and desist and it may prompt them to sue you. So consider that if you send a limited C&D. Me, I haven't encountered that yet; the only time I was sued was when I completely ignored a CA.

Two CA's collecting on the same debt? I've actually had 3 CA's collecting on the same debt; I received letters from all 3 within the same week. Not sure how that happens, though. I would just DV both of them and let them prove which one is legally entitled to collect on the debt.

I stopped adding the limited C&D to my DV's after LVNV took it as a full cease comm. Now I simply state that calls to my employer place my employment in jeopardy and at the bottom of all DV's:

[center:2b89d4c3d0]ALL CALLS TO MY HOME AND CELL ARE RECORDED[/center:2b89d4c3d0]

They can call me all they want. I'll talk to them all day long but they generally get pi$$ed off after the first couple minutes when they realize they are dealing with an informed consumer.

Yeah, it's always fun to hear the frustration in their voices whenever they realize you aren't afraid of their threats and can call them on all their fdcpa violations. There were a few classic phone calls I had with CA's that would have made great comedy material if I had recorded them. I still get a chuckle from the one where the guy from the CA told me he was going to report me for harassment.

Good times!

As I said, I used to be afraid to call them, now I actually look forward to it.

I agree FloridaRon! I called out the only dc that I have calling me on their fdcpa violoations and he immediatly got frustrated and said he was sick me playing games and was going to sue me...I said "See ya in court!"

Good times.... :)

You guys are right! Tha's why I tell people to become educated about debt.

I had someone at one of LVNVs' many agencies tell me that they knew what site I was getting info from, and that they knew I was debt educated :lol: Made it sound like I was a spy or something!! I told them, it was about time I became educated about debt..karen