Legal Question in Credit and Debt Law in Georgia

credit callers

i recently had a neighbor (i don't know) come to my house and give me a phone of a credit agency trying to get in touch with us that called them, the neighbor asked them how they got her phone number (it's unlisted) and the creditor told them they got a list of all our neighbors around us and want them to give us the message that they want us to call them. is this legal?


Asked on 6/12/01, 9:19 pm

2 Answers from Attorneys

Ms. Tran Lankford Tran Lankford, Attorney at Law

It may be illegal, depending...

You used words such was "credit agency" and "creditor", I am not sure if you meant to state that it was a debt collection agency that contacted your neighbor? It does make a difference which one of those was the one that contacted your neighbor. If it was indeed a debt collection agency, then the Fair Debt Collection Practices Act applies. Under the Act, if you are not represented by an attorney, the debt collector can contact other people to find out where you live, your telephone number, and your place of employment. However, the debt collector can only contact third parties once. In contacting third parties, the debt collector cannot divulge information about your debt, such as to your neighbor. YOu need to contact an attorney and give the attorney more information in order for the attorney to assess if the Act applies to your facts. You will need to inform the attorney the content of the message that was left at your neighbor's. Did the debt collector discuss the debt with the person who took the message? If so, what was said? I hope this information is helpful to you.

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Answered on 7/03/01, 11:11 am
Lee Morgan Morgan & Morgan

Re: credit callers

Generally the activities you described are violations of the Fair Debt Collection Practices Act, particularly if the agency told your neighbors that it was attempting to collect a debt. If you notify the collection agency that you do not want any contact, it must stop contacting you about the debt. You should sent the notice by certified mail and keep a copy for your records. If the collection agency tries to contact you after notice you may have a claim for damages.

If you wish to pursue a claim againts the collection agency for violations of the FDCPA, we are experienced in handling such claims. If you would like to pursue this further, you may set up an appointment to meet with one of our attorneys. The first visit is completely free of charge and may be scheduled by phone at:

(706) 548-7070 in Athens, GA or the surrounding area, or

1-800-924-7438 in all other areas.

A map to our office can be sent via e-mail if you request.

DISCLAIMER: It is not possible to give specific legal advice based on the limited information in your query. Information in our response should be considered general information only and NOT advice specific to your situation. Furthermore, no attorney � client relationship is intended to be created by this correspondence. You are not a client of Morgan & Morgan Attorneys at Law, P.C. unless and until we specifically agree to represent you and the appropriate fee contract has been signed.

You should not rely on this information alone in deciding your course of action. We recommend that you speak to an attorney of your choice and seek specific advice and representation.

Morgan & Morgan Attorneys at Law, P.C is licensed to practice law in the state of Georgia only. The general information contained in our response is based on Georgia law. If you or another party to your dispute resides in another state, the information provided may not be applicable.

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Answered on 7/17/01, 11:14 am


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