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Fair Debt Collections Practice Act


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My brother is going though some hard times & a lender from where he borrowed some money keeps calling me to have him return their calls.

I have received 7 calls over the past month, 2 times I spoke to them & 5 times they left me messages on my voicemail asking me to have my brother call them.

I thought they were only allowed to contact me once. It's getting annoying!!

Is this a violation of the Fair Debt Collections Practices Act (in California)?

Can I file a complaint? Can my brother file a  complaint, too?

Thank you for any information you can share!!

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19 minutes ago, Rookie said:

I thought they were only allowed to contact me once.

What was the nature of the call? They can't call more than once to get your brother's "location information", but they can call you to ask to speak to him if you don't tell them where he is, provided they don't disclose to you that he owes a debt.

They have to stop calling you if you ask them to, but you'll either have to do it in writing or record the call if you do it on the phone. 

 

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Each time they have called me they ask me to have my brother call them back at the number they give me.

Twice I have told them 'OK, but I don't really speak to him.' (I lied)

They are careful not to mention the nature of the business.

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I Just received another call from the lender & I answered the call. She said I was listed as a reference by my brother and asked, again, to have him call them back. I told her this was now the 8th call I've received from them and asked that they stop calling me. I didn't get a chance to record the call, tho. I told her I have relayed the messages to my brother, but can't make him pick up the phone. I also told her I was not my brother's answering service ?

 

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They aren't violating just by calling, and until now you haven't really told them anything that would trigger an fdcpa violation if they continue to call.

Now that you told them not to call, it's technically a violation if they do. Proving it is another matter. I'd send them a certified letter to be sure you have a record. 

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