Jump to content

FDCPA Lawsuit BY the third party


Recommended Posts

I understand that under the FDCPA, it is illegal to communicate with third parties other than for location information. My question is "Can the third party bring a lawsuit against a collector who continues to call for someone else?"

I have been getting calls for my spouse's ex, who has not been seen for over a decade. We've been married for 8 years; they were divorced well over 12 years ago.

The really odd part is that we literally have no points of contact with the person. That person doesn't even know where we live, or our current phone number.

I patiently explained all this to the collector a month ago, and they said our number would be removed from the file, that it must have been a mistake (yeah, whatever).

A month later, they're back calling. My spouse just reamed them out for it, and, again, they are promising that we will be removed from the file.

Being a skeptic, I am dubious that they will really remove us. I believe that a lawsuit would probably get and hold their attention far better.

Does anyone know of any successful lawsuits brought against collectors by a third party?

Link to comment
Share on other sites

I understand that under the FDCPA, it is illegal to communicate with third parties other than for location information. My question is "Can the third party bring a lawsuit against a collector who continues to call for someone else?"

I have been getting calls for my spouse's ex, who has not been seen for over a decade. We've been married for 8 years; they were divorced well over 12 years ago.

The really odd part is that we literally have no points of contact with the person. That person doesn't even know where we live, or our current phone number.

I patiently explained all this to the collector a month ago, and they said our number would be removed from the file, that it must have been a mistake (yeah, whatever).

A month later, they're back calling. My spouse just reamed them out for it, and, again, they are promising that we will be removed from the file.

Being a skeptic, I am dubious that they will really remove us. I believe that a lawsuit would probably get and hold their attention far better.

Does anyone know of any successful lawsuits brought against collectors by a third party?

Absolutely! We do it all the time.

Link to comment
Share on other sites

Not that I doubt an actual member of the legal profession...but...it was my understanding that in order to use the protection of the FDCPA, you actually had to be the debtor in question. I would think that you might have a better case of harassment through your local telephone company...

Link to comment
Share on other sites

Not that I doubt an actual member of the legal profession...but...it was my understanding that in order to use the protection of the FDCPA, you actually had to be the debtor in question.

This is incorrect. Even if you aren't the debtor in question, you can bring suit under SOME sections of the FDCPA.

1692d is one such section. Note it says they can't harass any "person" in connection with collecting a debt.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.