Fair Debt Collection Practice Violation? Information was given to a person not listed on the debt!?

Question

I have a debt from an apartment complex from 6 years ago. It was a shared debt between my room mate and me. Both of our names are on the debt, but the collection agency has been speaking to his mother, wihtout my permission. They received permission from the other person, but NOT me. Is this a violation of some law, because they are calling me non-stop! and are very rude, as well as unethical. What are my options?

Answer 1

If he is contacting the mother and providing information about your debt, you have a case. If he is contacting the mother and squeezing info from her or asking where you live now, there is a little you can do to resolve this.

Do not agree to make any payments on this account and send NO money. If it's been six years, you only have one left. They have to go by the last activity date on your account. That means they report the last payment you made (that is the law).

What you can do is send the collection agency a letter of cease and desist, requiring that they discontinue contacting you and the mother will have to put her foot down to the collection agency as well. They are not allowed to harrass you. They have made it known that the debt is owed so they have to stop, when you say stop.

You can also send them a letter requesting several things and if they don't provide the info you request, THEY HAVE TO remove it from your credit file by law. You must write a professional letter (keep anger and feelings out of it) stating that you want the debt validated. Do not give them any information other than the account number they gave you (don't give your SSN, date of birth, new phone number, use a PO Box if you have one). Only give them info that they already have, but do not state how much you owe, unless it is written in a letter from them. Ask the following in the letter:

1) Tell me what this money is for that you say I owe.
2) Show me how you calculated what you say I owe.
3) Give me copies of any papers that show I agreed to pay what you say I owe.
4) Show me that you are licensed in my state, and give me your license number.
5) Do not contact me about this debt or any other matter you have, except to provide me with proof that I owe what you say I owe.
6) Agreement with your client that grants you the authority to collect on this alleged debt.
7) Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor.

If you need help writing the letter, contact me and I will be glad to provide you with a letter that you can use.

I would not talk to them on the phone anymore AT ALL. If you have a good relationship with the mother, ask if it is okay to write a letter on her behalf asking the collection agency to stop contacting her (she will need to sign it). I will be glad to help you with that letter too. Don't worry, you won't need to give me any personal information; I will just give you the letter.

Don't be afraid of collection agencies. They are just doing what they have to to make a few dollars. Sometimes they go about it illegally, when they violate your rights.

Click on the link below to find out your rights.

Answer 2

Good luck with that one. Don't count on getting anywhere.
A collection agency doesn't need permission to speak to anyone. They don't have a right to contact your employer or yourself after written demand to stop further attempts.

Your first step needs to be sending them a certified letter demanding that they refrain from any further personal contact. I question why would anyone give a collection agency permission to speak to a relative? but that is neither here nor there.

The FCA gives you the right to sue a company in state or federal court regardless of where they are located. That is the extent of it. There are no set penalties for violations, etc.

Answer 3

There are limits, but if one of the coapplicants gave permission to his mother, there may be little you can do.

Still, they have no legal right to harass you. If they are breaking the law, feel free to inform them of your rights.

This article might be able to help explain why they are bringing up such an old debt.

Answer 4

No. You are supposed to be sharing the debt as the 'say so' on who to tell.

Your only option is talk and pay.

Answer 5

particular this is criminal. most of the amenities that series companies use to locate people additionally record widely used relatives contributors. You indexed those people (or your better half did) in some unspecified time interior the destiny on a credit utility etc.

Answer 6

if ex roomie gave permission, they have every right to talk to his mother- option- pay your bill

Answer 7

Nope, sorry. He OK'd it. You can tell them to stop pestering you, but that won't stop collection actions.