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Hello!  Usually my questions have been answered by using the search function on this forum, but I cannot seem to find advice on my question.  So I finally made an account today :-)

 

 

I am located in Ohio.  The CA is located in Texas.  I ignored calls from a CA (this was prior to me finding this forum).  After I would not answer my phone, they called several of my relatives (but each relative only once).  They did NOT advise any relatives that I had a debt and did NOT give any amount that I owe.  A few of my relatives advised me that a recovery group called for me.  Embarrassed, I then called the CA and verified my phone number and address to reach me. 

 

After speaking with the agent a few times, I told her I was unable to pay.  She said she would mark that down in the file.  A week later, she resumed calling my phone number.  I stopped answering her calls and ignored the CA's letters.  The CA then began to call the same relatives AGAIN

 

I understand that CAs can legally call a third party one time.  The next part is where I am confused and need help with the FDCPA guidelines.  Once they have verified my contact info with me, are they legally allowed to contact the same relatives a second time if I ignore their calls/letters?

 

They had the number to reach me, which I gave them.  But because I ignored the calls, does that legally "re-set" their investigative process to find me (making it legal to call my relatives again)?  I am trying to figure out if they broke any rules. 

 

I have read Sections 803-806 several times.  Can anyone point me in the right direction?  I do not have money for an attorney.  I am aware that this is my fault because I did not pay a bill that I owed.  I just want to know if they are breaking any laws in contacting my relatives a second time.  

 

Thank for any input!  And sorry so long!

 

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Based on your description of the events they have likley violated the FDCPA.  Proving your account is a whole different story unless you have been planning to sue and have recordngs of you giving your information, etc.

 

Not saying you couldn't piece it together now, but it is always easier to be proactive and gathering evidence of your claim as you go...

 

You might check with a few consumer attorneys in your area, many times if you have a solid case, clear violations, they will take the case on contingnecy.  This means you pay nothing and win they win, you will get the Statutory award of up to $1K.  The money for them comes in attorney fees for taking the case to conclusion which many times is settlement.

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Stay off the phone with them and make all communication via US mail, CMRRR. This way you will have a paper trail for court should you have to go. If you have received a letter from them recently with the 30 day notice, reply to it and tell them you dispute the account and for them to verify that they own it. That's all you need to put. Not that they have to legally have to adhere to it, you can also tell them that it's inconvenient for them to call you at any number at any time, and that since you have provided them with the correct address and phone number that they are now in violation of the FDCPA. You might throw in a vialled threat that you are contacting an attorney regarding their constant violations of the FDCPA. It might help, may not!

 

They will try and use threat's and fear to get you to pay, even try to get your relatives to pay saying that you could go to jail. Further from the truth as you probably know. No one in America goes to jail over debt, but they try to make you think so. Tell them too, in your DV letter that your job does not allow calls, and should they do so it will be reported. Just to be safe, tell everyone that scammers are trying to scam you and not to give out any information. The relatives etc. don't need to know your true personnel problems. There is a lot of news about scammers going around now, so people will believe that and make sure not to pass any info out on you. Do it now, not later.

 

As mentioned, start a file and save everything, even a scrap of paper can make a difference. Get a recorder from Radio Shack or other store and be prepared to record should they get you on the phone or leave voice messages. They may even try to spoof your' caller ID by putting in a relatives number, or the local PD or whatever. It's been done before and it get's worse, just be careful. Get on here and read, read, and read and ask questions. If your prepared, you can beat them and we can help. Welcome to the board.

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Skippy, I honestly do no want to sue them.  In order to do that I would need to have documentation that they called my relatives multiple times.  So I would need to request my relatives' phone records.  I am too embarrassed to ask them for that.  I just want to be able to speak with this Collections Agent lady and tell her that she is breaking regulations and needs to STOP calling my family.  But I will definitely be more proactive in keeping records!  Thanks for the info on hiring a lawyer as well.  That is good info to have.  I would be hesitant to do that though because then the case might become public record and I do not want additional embarrassment whenever someone searches my name online.

 

 

Tom...... wellllll, I already goofed up and told her that I owed the amount.  This was before I had even researched the issue online and learned about this forum.  Had I known better at that time I would have NEVER said that, I would have requested written proof.  There is much I said in ignorance.  Thankfully, I began to research online recently and have learned so much.  This forum and its members are a phenomenal resource.

Also, thank you for the tip about what to tell my relatives.  I will also take your advice and send them a certified letter requesting all further contact in writing only (there are several sample letters on this site actually).  

 

Unfortunately, I have several other debts that I have ignored.  I am in the process of cleaning them up.  I made a mess of things, but I want to change.  This website is so helpful.  The posts I read actually offer legitimate advice.

 

Thank you so much Skip and Tom!! I truly appreciate you both taking the time to read my posts and reply with such great advice!!

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