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Confused about FDCPA 805 definition of consumer


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THE FDCPA's definitions section defines a "consumer" as "any natural person obligated or allegedly obligated to pay any debt". However, 805(d) states "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".

These seem to be in conflict. Is 805(d) meant to convey that such persons other than the actual debtor also are provided the protections of section 805, or does it mean that collectors can communicate with such additional persons as if they were the debtor?

I ask this because in my absence Titan Recovery called my home and spoke to my wife about an account that is purely mine (she is not a co-signer and has not used it in any way). They had been calling repeatedly with no one at home and finally my wife got tired of the calls so she answered this last one in order to tell them to communicate only in writing. Since they discussed the debt with her, I am hoping I have them with a violation.

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Taking a call is not the same as discussing the debt, as I am sure you appreciate. What was said in the conversation? If they simply said they wanted to talk to you about a personal matter and please take the message/ask to call back, that is not a violation. If the caller had a long drawn out conversation with threats and other probing questions, it may rise to the level of a violation.

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