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  1. #1
    Join Date
    May 2009
    Posts
    3

    Default Hounded for Sister's Debt

    My question involves collection proceedings in the State of: Utah.
    I am being hounded over my sister's debt. She listed me as a contact source at least eight years ago (maybe longer) and this debt collection agency has called my home with a computer generated message several dozen times.
    I did not co-sign any of her debts, nor did I agree to be listed as a contact source and have told this to her debt collectors many times.
    I filed a complaint with the BBB and they promised to not call my house anymore but the calls have started up again. I was last called 5/05 at 8:30 pm, I intend to send them a cease and desist letter. I'd also like to file a complaint with a government agency with more strength to it. Which agency should I contact? Thankyou.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    14,581

    Default Re: Hounded for Sister's Debt

    That would be the FTC. File a complaint here. You might also want to complain to your state's Attorney General - in Utah, that's Mark Shurtleff.

    You can also read more about debt collection here.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  3. #3
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Hounded for Sister's Debt

    Here is the law:

    804. Acquisition of location information [15 USC 1692b]

    Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --

    (1) identify himself, state that he is confirming or correcting 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;

    (4) not communicate by post card;

    (5) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt

    and furthermore:

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

    (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.

  4. #4
    Join Date
    May 2009
    Posts
    3

    Default Re: Hounded for Sister's Debt

    Firstly, Thankyou to whomever fixed the title of the thread for me.

    Thankyou for your answers, there is one part of the FDCPA that I am curious to:

    (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;

    Does this mean I am obligated to give these people my sister's address and phone number?
    Here's what is bugging me about all of this: these strangers call my home demanding personal information regarding who I am, where my sister is; they are rude, and hostile with me as if I am the one who owes them money. I am not the debtor but they are treating me with scorn and abusive tactics. I have been hassled by at least eight different creditors for my sister and her spouse and have received probably hundreds of phone calls. I have had more than enough and frankly don't feel very cooperative with these creeps. I know this is my sister's fault, she is the deadbeat in all this but I just want them to leave me alone. I am too much of an Old School Snob expecting courtesy and civility.
    I am not looking to make a buck, just for peace and quiet.

    Thankyou for your help.

  5. #5
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Hounded for Sister's Debt

    Send a letter, certified mail:

    (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.

  6. #6
    Join Date
    May 2009
    Posts
    3

    Default Re: Hounded for Sister's Debt

    Thankyou, I will definately send a letter.
    I have an interesting update about this CA:
    The number they are calling me from is no longer a Utah number, it's located in New York. (Same name)
    I checked with the BBB for New York, and they have some unsavory practices in New York including using the BBB logo when they are not a BBB member. (ACR in New York)
    I called them directly to ask why they are calling me and the gal I spoke with told me they are formerly "Capital Recovery Associates" and that they inherited this file. (They are still looking for my sister.) I can't find these Capital Recovery Associates listed with the BBB New York, just the info on Advanced Credit Recovery in New York.
    The only nice thing was how pleasant and polite she was, promising to remove my name and number from their records. (I don't believe her.)
    Am I guessing correctly that ACR in Utah has sicked this file old debt onto a New York affiliate in order to get around their promise to not call here anymore?? The gal I spoke with said they are not the same company, what are the odds that two CA's have the same name and all the same info in the file?? I'm not big on coincidence.
    In a sick way, I am enjoying this mystery.

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