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Are these violations?

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Got a phone call today for my DH (dear husband)....DH was not available at the time...so it turns out this person stated (I'm paraphrasing, because I couldn't really understand what this person was saying verbatim) that they were about to take legal action against DH at the county courthouse in regards to $885.20 and that DH had until tomorrow afternoon to contact this person (and the person left his name and phone extension)...I asked him to repeat the amount, which he did, and also asked him who he was representing and his response was NRC....

I never identified that I was DH's wife, so for all this clown knew he could have been talking to the babysitter....would this be a violation of the following:

(B) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

Also, by stating that they were going to take legal action, isn't this also a violation, because this was their first communication with him, and he has not yet had the chance to ask for validation?

TIA!

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I am thinking the 3rd party would be difficult to prove with his home phone and being you are his wife. Now the part of taking legal action on initial contact,that very well may be a violation. If he does not receive his letter within 5 days it would be another violation.Just my two cents.

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Do you have it on tape?

Sadly, no...:(....but I knew you were going to ask that LOL

I wish I could figure out a way to hook up a voice recorder on our phone...we have voicemail, so we don't have an answering machine where we could press the "memo" key and recording incoming calls....

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get a recording device. they are likely to call back tomorrow and start up again. get it on tape this time and get the rep's name.

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If they do not sue him today, then they are now in violation for threatening action they did not plan on taking

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Thanks for all the replies, folks!

Just to update a bit:

DH called this guy back (about 15 min. after the initial call), asking for the guys name and supervisors name, asking him why he was discussing personal business with someone whom he did not attempt to identify, and made a verbal request for validation...no reply phone call has been received as of 1:20pm today....(they still might have called afterwards - our phone has been out of order since then...)

DH received the initial letter saying who they were, mini-miranda, etc...a written letter requesting validation goes out tomorrow CMRR...

And since our phone was out, and DH thought it might actually be the phone itself, he went and bought a new phone with - yep, you guessed it, a memo button to record calls....:roll:

Oh, well, at least now we have it for the next violation LOL!

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