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CA law firm Calling relitives


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You are indeed doing the right thing by sending the a DV letter.

They are allowed to call relatives in an attempt to "locate" you, but, obviously not at 4am. However, if the call wasn't recorded, there's no way to prove this.

As to their threat to "proceed", at this point, all that means is that they'll keep trying to hassle you...they're trying to scare you into doing somethin you might not have to.

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They also called my Husbands parents and left a message on their machine, they said they left personal info about me and they thought it was inappropriate. They said on the message recorder the time is 4:00 am. Can they do this?

They may contact friends and relatives to locate you. However, they may not contact anyone at 4 am. You have them on 1 violation if his parents kept the message. Did your letter state only written communication? If they continue to call you after you tell them only in writing, then that's violation 2.

§ 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;

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

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;

EDITED: Man, willing, are you incahoots with SAW. Slipped in right before me.

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