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It does have to do with States. The FDCPA is federal, but states have collection laws also. When they are stricter, you have to follow them. That's why I am trying to see when they can speak to my wife. They ABSOLUTELY CANNOT speak to whomever answers the phone about your debt...

2007-03-13 10:38:29 · 1 answers · asked by Anonymous in Business & Finance Credit

1 answers

It's good that you are reading your state statutes.
Many people stay strictly with the FTC, FDCPA, FCRA,etc. and fail to utilize their own state laws in protecting their rights, suing or counterclaiming against collection agencies, credit reporting agencies, original creditors, etc.

If your state laws are stronger, you can use your state laws.

Just be certain who your state laws consider as a "consumer".

Example:
The term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor or administrator.

If your state laws contain that language (or similar) then the collection agency "can" speak to your spouse.

2007-03-13 13:11:48 · answer #1 · answered by echo 7 · 0 0

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