Is this legal?

Do you have any idea who the original creditor was?

Yes it is legal....it is called skip tracing. They should not be disclosing the debt to you.

It is not legal if they are robo calling you with an automatic telephone dialing system. Under the TCPA, they are liable for $500 per call (for negligent calls) if you did not give them your prior express consent. It is $1,500 per call for intentional violations.

You'll know if it's a robocall because they call constantly, hang up repeatedly, and/or if you pick up it takes a second for a representative to get on the line.

Update: They just called back again. I answered and tore into on the rep. She basically said she "had no other choice" but to call me and I said "yes you do, I told you not to call me, so don't call me" and hung up on her.

Now what?

PS: what is "initial contact" exactly? I've heard they have to send a physical letter within 5 days of initial contact. Do mesages on the answering machine count as initial contact? Or do they need to talk to my sister?

Quote:

agreed, send the c & d certified and keep records of anytime they call you after they recieve it.

Quote:

it is legal, but they can only try a family member every 3 months to locate the debtor; try looking up Fair Debt Collecting on a gov webisite

every three months?? hmmm, something isnt right there...

Taken directly from the FDCPA at the FTC website:

[SIZE=4][QUOTE]
? 804. Acquisition of location information
[FONT=Times New Roman,Times New Roman][SIZE=3]
Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall—
[/SIZE][/FONT][FONT=Times New Roman,Times New Roman][SIZE=3](1) identify himself, state that he is confirming or correct[/SIZE][/FONT][FONT=Times New Roman,Times New Roman][SIZE=3]ing 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;
[/SIZE][/FONT][/QUOTE]

[/SIZE]there is only one way that any debt collector can call every three months, and that is to falsely claim that they have reason to believe that the person they are calling has new information. The law clearly states that a debt collector can only call you ONCE unless you specifically give them permission to call you again.[FONT=Times New Roman,Times New Roman][SIZE=3]
[/SIZE][/FONT]

Quote:

Quote:

:rolleyes:Um yes,
A collector may contact a family member employer, etc only to obtain a phone number or address for the debtor, they are usually only suppossed to contact once, but I believe the maximum is every 3 months; they cannot communicate to a 3rd party, family member or employer about the debt just to obtain a phone number, address or employer.
This is from the federal trade commission website.
Can a debt collector contact anyone else about my debt?

If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don???t have an attorney, a collector may contact other people ??? but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.

"They left a voice mail and when I listened to it, it was a rep from this Tyler Morgan looking for my sister!"

Looks to me like its legal.

[QUOTE=loss mitigation;650916]:rolleyes:Um yes,
A collector may contact a family member employer, etc only to obtain a phone number or address for the debtor, they are usually only suppossed to contact once, but I believe the maximum is every 3 months; they cannot communicate to a 3rd party, family member or employer about the debt just to obtain a phone number, address or employer.
This is from the federal trade commission website.
Can a debt collector contact anyone else about my debt?

If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don???t have an attorney, a collector may contact other people ??? but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.

"They left a voice mail and when I listened to it, it was a rep from this Tyler Morgan looking for my sister!"

Looks to me like its legal.[/QUOTE]

Thanks for proving my point so eloquently.

Well its all a moot point if you send a total cease com letter, then they may not contact that person again. :)

Thanks for all the info. They actually tried to call me back just the other day, but I missed the call. No voicemail though since the original contact...


Any advice on the format of a C&D letter seeing as how I am not the person they are looking for? All the C&D samples I've found are for the person actually in debt.

A C&D letter... Now there's a tough one.

Try this:

Your Name
Address
City, State, Zip

Date

Their Name
Address
City, State, Zip

Re: (account number, if known) or any other business that you may have with me.
Via Certified Mail, #xxxx-xxxx-xxxx-xxxx-xxxx

Dear Sirs:

Cease and desist immediately from any further contact with me regarding the above referenced matter. Failure to comply with this reasonable request will force me to seek other remedies to enforce my privacy. I expect that you will give this serious matter your prompt attention.


Sincerely;

Your Name (typed, not signed)


How's that, for an off the cuff response?