What may a CA say over the phone to relatives?

[Ben S.]

I was curious to find out what Collection Agencies are allowed to say over the phone to a third party (such as relatives)? Can they merely inquire if the debtor lives/resides there, and/or leave a message, or may they do more?

For instance, if a Aunt pays off her nephew's Credit Card "X" (old debt) in 2009 then may a Collection Agency call her in 2010 to see if she is willing to pay for Credit Card "Y" (account for nephew as well)? Is the CA allowed to mention her nephew's debt for Credit Card Y (where they are the account holder) to her, or is this off limits?

What if they do mention said debt to her, yet she refuses to pay? Are they allowed to call her back?

[WhoCares1000]

Regardless of what the aunt did for Credit Card "X", they cannot request payment from her for Credit Card "Y" and in fact, cannot tell the aunt that the nephew is behind on Credit Card "Y" unless the aunt is named on the account as a responsible party.

The only thing they can ask the aunt is how can they contact the nephew and they can only contact her once. Of course, this is only for a CA. The OC does not have to follow the FDCPA (but they do have to follow state laws). Now, there is a loophole in the FDCPA where they can keep calling the aunt if they feel she does have information and is not giving it to them. In that case, a C&D should stop that.

I had that happen between me and my sister in regards to a car lease in GMAC. I sent in a payment once and they called me the next month looking for payment.