QUESTION
Can a collection agency call on a Sunday, to someone other than you such as a separate family member(Father)?
Asked on Nov 20th, 2011 on Collections - Florida
More details to this question:
Capital One even though they have been taking money from an account that has been closed due to a break in and even though I requested they take my auto pay from a new account has now put me into collections due to over the limit fees and charges accrued due to some protection plan that I never requested. I have received no correspondence from Capital One nor Allied Interstate until they called my Father today. Now they are trying to make me pay them an additional 400.00 to make the account current yet they say they can see where payments have been made via my auto pay. So what in Gods name is going on? Where do I even begin? Allied is not an American company as best I can tell and they tell me they cannot see notes at Capital One. Capital One states that I must go through Allied. Its like a big fat Capital One toilet drain I am just spinning around and around in phone hell.
1 ANSWER
The Fair Debt Collection Practices Act (FDCPA) regulates what a debt collector can say and do in the process of collecting a debt. The FDCPA does not prohibit a debt collector from calling during the weekend but it does regulate calls to anyone other than the debtor. A debt collection agency is allowed to call a person other than the debtor ONE TIME to try and find the debtor, and the debt collector can only call that person back if the person expressly requests a call back. The FDCPA also prohibits a debt collector from telling anyone other than the debtor anything about the debt (i.e that they are a debt collector, that you owe a debt, etc.).
If the debt collector violates the FDCPA, they are liable for up to $1,000 in damages, any actual damages caused by the violation, and they are required to pay the reasonable attorney fees and costs associated with bringing a claim.
Answered on Nov 21st, 2011 at 12:07 PM