Legal Question in Credit and Debt Law in California
I feel compelled to write again about this problem. I should have asked more directly in the beginning. The quick background is this; A collection agency has been calling my Mom's house for a couple of years now asking for my brother, who doesn't live there and hasn't for many years. He went bankrupt a few years back but we don't think that has any relevance necessarily if they are calling when they don't have any right to call.
The question is - Do they have a right to call even though they know no one lives there with that name. That is exactly what we say and have said from the start. They might deny it but they know either directly or from the background when they get the case. It's been going on for so long that I'm sure it's been handed off to multiple companies who would have to know.
And do they have a right to use a recorded message, does that get them around that federal law? They have been using and leaving a message for probably a year and they try to be intimidating, saying if anyone continues to listen to the whole message they are acknowledging they are my brother even though it could go directly onto an answering machine.
We'd really like to put an end to this.
Thank you.
1 Answer from Attorneys
That type of conduct is harassment. If they know your brother does not live there yet they continue to call, that is a FDCPA violation.The law says that any debt collector who violates your rights may be made to pay you statutory damages of up to $1,000, plus actual damages, and attorney's fees and costs. We accept these cases regulary and would be happy to speak with you further. Please feel free to contact me by phone (877) 201-8728, email [email protected] or visit our website www.make-debt-collectors-pay.com. The first thing we would do is ensure the calls stop.
Regards,
Bryan Becker
Becker Attorneys
877-201-8728