tydaddy

In house collector from bank called my neighbor!!! Is this a violation?

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I had a collection agent from my HELOC line call my neighbor AND my brother in the last 2 days. Is this legal? Please someone advise me before I call them back and let them know that I will be filing a complaint with the FTC (want to make sure my info is correct). I believe they are inhouse debt collectors...

Thanks!

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If indeed the collector is an employee of the OC, then they can pretty much be as pushy as they like. (You would have to look at things like telephone harasment or slander to sue them on anything).

If they're a contractor working at the OC's office, maybe.

If they're an independent collection agency, then they'vew probably stepped over the line. But, if it wasn't recorded, it didn't happen.

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Good info from Willing (as usual) :)

I would add, however, that if you've been, shall we say, "avoiding" talking to them; you can probably expect more of the same. By that I mean, you need to deal with this; either on the phone or in writing or both but don't simply ignore them.

If this does turn out to be a third-party collector as defined by the FDCPA then they do have the right to call a neighbor, friend, relative, etc in order to "locate" you but that is the only 'legal' reason they can call; even then, it is illegal for them to divulge any personal information about the alleged debt, etc.

Of course as mentioned, if the call wasn't recorded that's probably a non-starter even if they did cross the line.

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How would they be stepping over the line if they were a CA? The OP didn't say that the caller went into specifics...and CAs are allowed to phone third parties to find you. Obviously they have a good number for the OP since he/she has a HELOC with them, but if the OP has been avoiding the calls, they would start looking I think.

My first inclination would be to deal with the problem - don't F. around with your house. Then worry about potential violations on the part of the collector.

JMO.

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Check state law. Even though FDCPA applies to CAs only, your state law may apply to OCs and CAs. Here in PA, the state FDCPA equivalent applies to both. Those statutes are 73 P.S. 201-1 and 73 P.S. 2270.1. Your state may have something comparable.

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How would they be stepping over the line if they were a CA? The OP didn't say that the caller went into specifics...and CAs are allowed to phone third parties to find you. Obviously they have a good number for the OP since he/she has a HELOC with them, but if the OP has been avoiding the calls, they would start looking I think.

My first inclination would be to deal with the problem - don't F. around with your house. Then worry about potential violations on the part of the collector.

JMO.

I'm sure you know I'm very much in favor of being proactive about this and paying the debt. :)

However, while it's certainly "understandable"...even "normal" for the creditor to start "looking"; I doubt they could make use the excuse that they were trying to "locate" the debtor since they obviously know exactly where he lives...unless, of course, he has done something to make it appear to a "reasonable" person that he has moved/abandoned the property...I doubt if not answering their calls, if that is what he's been doing, would justify an assumption that he has "left". :)

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Check state law. Even though FDCPA applies to CAs only, your state law may apply to OCs and CAs. Here in PA, the state FDCPA equivalent applies to both. Those statutes are 73 P.S. 201-1 and 73 P.S. 2270.1. Your state may have something comparable.

What he/she said. California also requires OC's to follow the same rules which the FDCPA mandates for 3rd party collectors.

DH

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