Is this even legal?

Question

It comes as no surprise that I am a college student and a resident, all my bills go to my home address where my parents either pay them or pass them along to me.  One credit card, apparently has failed to be passed on nor paid. They called my home 3 days ago, where my mother told them, "He is in school and will be home in 2 weeks and asked for them not to call her again." she then blocked their number the same as apparently they called again on the same day. When the number was blocked they refused to give up. Instead of calling my school and getting my dorm land line they some home called a series of cell phones which led them to one of the 16 guys in my section. When he answered she refused to tell him how she got his number or the purpose for calling. My question is is it legal to call private lines that have in no way any apparent relation with eachother in an attempt to find someone who missed a payment, to a point of hunting them down?

Anonymous · Accepted Answer

If this were a "collection agency" as adverse to the actually owner of the debt I would say that this was definitely in violation of the FDCPA - but unfortunately the owner of the debt can contact persons like this - UNLESS THEY ARE HARASSING THEM by numerous telephone calls like they are doing!

Your parents or you should report them to your local Police department as well as your local Telephone company who will deal with these people accordingly. 

And you would also have an excellent cause for a law suit.
Good Luck

wizjp · Answer

Federal law here:
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805

(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 -- 

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location; 

(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or 

(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication. 

(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. 

(c) CEASING COMMUNICATION.  If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- 

(1) to advise the consumer that the debt collector's further efforts are being terminated; 

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or 

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. 

If such notice from the consumer is made by mail, notification shall be complete upon receipt. 

(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. 

§ 806.  Harassment or abuse  [15 USC 1692d]

Is this even legal?

2 Answers