Dear Vpelevin,
Before I begin my answer, let me make sure that you know that advice
given on Google Answers is not a professional legal advice, nor it is
a substitute thereof (see disclaimer on the bottom of this page).
According to a gudie to the Federal Fair Debt Collection Practices Act (FDCPA) :
"The FDCPA says a debt collector may contact someone other than the
debtor, but only to learn the location of the debtor. Usually this
contact can be made only once, unless the collector has reason to
believe the person has new information. If you are a relative or
roommate, a debt collector who contacts you repeatedly also violates
your privacy. Excessive contact may be considered a form of
harassment.
You should be able to stop contact by writing to the debt collector.
For an example of what to say if you are the alleged debtor and want
to cease calls to you or if the debt is someone else?s and a collector
is contacting you about it, see sample letter:
<http://www.privacyrights.org/Letters/debt6.htm> .
If the collector persists in contacting you, discloses details about
the other person?s debt, or if the collector?s actions have been
abusive or threatening, you should complain to the appropriate
government agency and seek legal advice. The important thing to
remember is that you have the same rights as the debtor, including the
right to bring an action for any of the violations described here."
(SOURCE: Privacy Rights.org, "Debt Collection"
<http://www.privacyrights.org/fs/fs27-debtcoll.htm>).
This would help if you suspect that you are a victim of identity theft:
"How do I stop debt collectors from contacting me?
The Fair Debt Collection Practices Act prohibits debt collectors from
using unfair or deceptive practices to collect overdue bills that a
creditor has forwarded for collection.
You can stop a debt collector from contacting you by writing a letter
to the collection agency telling them to stop. Once the debt collector
receives your letter, the company may not contact you again - with two
exceptions: they can tell you there will be no further contact and
they can tell you that the debt collector or the creditor intends to
take some specific action.
A collector also may not contact you if, within 30 days after you
receive the written notice, you send the collection agency a letter
stating you do not owe the money. In this case, a collector can renew
collection activities if you are sent proof of the debt. So, along
with your letter stating you don't owe the money, include copies of
documents that support your position. Including a copy (NOT an
original) of the police report you filed may be particularly useful.
If you don't have documentation to support your position, be as
specific as possible about why the debt collector is mistaken. The
debt collector is responsible for sending you proof that you're wrong.
For example, if the debt in dispute originates from a credit card you
never applied for, ask for the actual application containing the
applicant's signature. You can then prove that it's not your signature
on the application. However, in many cases, the debt collector will
not send you any proof, but will instead return the debt to the
creditor."
(SOURCE: ID Theft, <http://www.consumer.gov/idtheft/recovering_idt.html>).
Further Sources
---------------
Fair Debt Collection Practices Act, 15 USC ?1692-1692o
www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
Fair Debt Collection Practices Act, California Civil Code ?1788, et seq.
www.leginfo.ca.gov
Whom to complain to (also in Part 7 of the Privacy Rights.org paper)
-------------------
California Attorney General
Public Inquiry Unit
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: (800) 952-5225 and (916) 322-3360
Web: www.ag.ca.gov/consumers/mailform.htm
Read: "Collection Agencies," www.caag.state.ca.us/consumers/general/collect.htm
Federal Trade Commission
Consumer Response Center
600 Pennsylvania Ave. N.W.
Washington, D.C. 20580
Telephone: (877) FTC-HELP (877-382-4357)
TDD: (202) 326-2502
Web: www.ftc.gov ? Click "File a Complaint" on home page.
I hope this answers your question. Please contact me if you need any
clarification on this answer before you rate it.
Search terms: "debt collection" "contacting me" "someone else" |
