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Editing please for A new CA, FOAD letter for a time barred account


DonqIII
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@DonqIII

 

 

Actually, you can't invoke a cease communication to ANY number simply because the information is about you.  The FDCPA allows debt collectors to call family or friends one time for the acquisition of location information.   If you could tell them they couldn't call any number, it would be in contradiction to the FDCPA.

 

You mentioned revoking consent.  That only applies to cell phones.  It doesn't apply to a landline.  Debt collectors don't need permission to call landlines.

 

A C&D simply means they can't contact you in any way at all.  There can be no contact by mail, landline, or cell phone.

 

Who is responsible for your mother's phone account?   Is the account in your name or her name?

Then I really do not need to notify them for my mom to not call again.

 

If they are permitted one time to call her and ask for location, they have already called her line twice for the information.

 

They received the information by me including verifying the last 4 of my social and they have dunned me.

 

IF they call her line again for this info... that is a violation. It cannot be anything else. And will be treated as such.

 

Thanks..

 

And FYI... after receiving a cease and desist, they are allowed one more contact. To let you know their intentions or that they

are stopping collection efforts....

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You should be able to invoke a cease communication to any number regarding any information about you.

This can be done PER phone number.  You must state the phone number and at least claim it is your phone (this will be void if it is not your phone).

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None of us is famous or in the public limelight , therefore privacy is a definite right and if

I do not want my personal business or even my name mentioned to any other that should be

a given right.

 

This is something that many many consumers misunderstand.  NO WHERE in the Constitution is the right to privacy given or guaranteed.  In fact privacy is not even mentioned.  The Constitution also outlines that the rights man has are endowed by their creator, are inalienable, and spells out what they are and privacy is not one.  NO RIGHTS are given in the Constitution as the founding fathers believed they were God given not government issued.

 

The ONLY law regarding privacy is HIPAA and that only covers protected medical information.

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They received the information by me including verifying the last 4 of my social and they have dunned me.

 

If you answered your mom's phone, the debt collector may believe it's your number.  So a C&D should take care of it.  If they call that number again, then they violate either 1692c(c) or 1692b(3).

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This is something that many many consumers misunderstand.  NO WHERE in the Constitution is the right to privacy given or guaranteed.  In fact privacy is not even mentioned.  The Constitution also outlines that the rights man has are endowed by their creator, are inalienable, and spells out what they are and privacy is not one.  NO RIGHTS are given in the Constitution as the founding fathers believed they were God given not government issued.

 

The ONLY law regarding privacy is HIPAA and that only covers protected medical information.

Actually the SCOTUS "found" privacy in the US Constitution: Roe v. Wade, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973).

VIII

The Constitution does not explicitly mention any right of privacy. In a line of decisions, however, going back perhaps as far as Union Pacific R. Co. v. Botsford, 141 U. S. 250, 251 (1891), the Court has recognized that a right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution.

 

CPNI privacy is another law that I have seen the court comply with: http://www.fcc.gov/guides/protecting-your-telephone-calling-records . I believe there are quite a few laws regarding privacy other than just HIPAA.

 

If you are not foolish enough to actually pursue a "statutory violation" in court where none exists, I don't see a serious issue in telling a DC what you "want" despite an inability to enforce it in a court of law. Whenever you can upgrade that "want" to a documented and legally enforceable private right of action it is probably a good idea to do so.

 

That said, I am reluctant to share information of any kind about family members with collectors. Personal experience is that they can get all excited about pursuing a party you appear to be desiring to protect. Can this generate a cause of action in court? Sure. Would I want to sue on it? Probably not, as the party I was trying so hard to protect is now getting sucked into litigation, even if only tangentially.

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When a collector calls me about someone else's debt, many will make sure they never say to me that they are a debt collector (oh, but I can tell).  If I answer and they ask for another party, I ask who they are.  They say they are not allowed by law to say, and then I say I am not allowed to pass on a phone call without saying who it is.  The most recent one of these was from a company called "Credit Collections USA, LLC".  Now if they had simply used an obscure company name, would they have this problem?  They tried to tell me it's to protect people's privacy.  Huh?  Really?  And yet collectors expect people to give out information to them, that violates privacy (CCUSA wanted to know where the party they were calling for was and got angry when I say "I cannot tell you that for privacy reasons").

 

That company does not take inbound calls on their caller ID number, and does not leave messages, and it was fluke event that I even picked up the phone that time.  Normally I would call back the caller ID number and by their own stupidity (a common thing with debt collectors) I could not reach anyone.  So if I had not picked up the phone, there would not have been enough of a show to be worth tracking them down (but I did, called their main number, and told them not to call me ever again ... and they have not so far).  But apparently they don't want people to call them back (by taking calls at the number they call from or leaving a message saying where to call ... oh probably because callbacks might discover they are a debt collector).

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This can be done PER phone number.  You must state the phone number and at least claim it is your phone (this will be void if it is not your phone).

OK, question... If a couple were living in a house either as liveins or married and there was only one phone line into the house.

 

And one of the couple had that phone line in their name.... ( our neighbor has it in her maiden name).. and a credit card was taken out by the other person ,and this phone line was given as the communication line, and they defaulted on the card and the calls were coming in.... does that mean that only the person that the phone line was billed to had the right to request a do not call?

 

If you answered your mom's phone, the debt collector may believe it's your number.  So a C&D should take care of it.  If they call that number again, then they violate either 1692c(c) or 1692b(3).

 

I answer that line all the time. I also get some calls for me on that line. It runs through the entire house. My line is in my bedroom only.

 

The 2nd call that they called to veryfy my address I answered. This was a sweek after I had already called them to verify my address and had been told something would come in the mail...

 

It never did and far longer then 5 days passed and they called the "house" line again that is usually paid from my mom's checking account, which BTW I am on.... along with power of attorney. But the bill comes in another persons name as Verizon has royally messed that up fpor years and does not correct it. No matter, It is moms checking account, that I am on, that pays the bill.

 

THIS 2ND PHONE CALLL WAS ALL RECORDED. It simply said they were trying to verify my address and it was extremely important that someone.... anyone ... call the number they stated. So they have no idea who answered.

 

When I got home from the hospital that night I saw they also had called my line but this time left no message.

 

I called them again and told them they keep calling for info that was verified.

 

This time it came.

 

But I did change my letter and now have it reading not to call my phones (plural) or cells( plural)...

 

This is something that many many consumers misunderstand.  NO WHERE in the Constitution is the right to privacy given or guaranteed.  In fact privacy is not even mentioned.  The Constitution also outlines that the rights man has are endowed by their creator, are inalienable, and spells out what they are and privacy is not one.  NO RIGHTS are given in the Constitution as the founding fathers believed they were God given not government issued.

 

The ONLY law regarding privacy is HIPAA and that only covers protected medical information.

Lets not go into the constitution.

 

To begin with that was written long before there was anything thought of as a plastic credit card.

 

As to HIPPA/// what a farce.... anyone can get whatever they want to know on that. And you know it.

 

As to privacy, why do the credit card  companies send notices every year about the information they will and will not share and to whom?

 

They call the the annual privacy notices.

 

I guess legally, according to this they should not waste their money doing that cause it is not needed?

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