Legal Question in Credit and Debt Law in New York

collections

Is it legal for a collection agency to look up the number of neighbors to contact the person that owes the debt?


Asked on 8/08/07, 7:01 pm

1 Answer from Attorneys

Stephen Starr Starr & Starr, PLLC

Re: collections

Yes, under the Fair Debt Collection Practices Act (FDCPA) a collector may communicate with a person other than the debtor (i.e., such as a neighbor) for the purpose of confirming or correcting "location information" concerning the debtor. Location information means the address where the debtor lives, the debtor's phone number or where the debtor works.

Under FDCPA in contacting a person other than the debtor to acquire location information concerning the debtor, the collector is not permitted to state that the debtor owes a debt, communicate by post card, or communicate by letter if the envelope or letter indicates that the debt collector is in the business of collecting debts or that the communication relates to the collection of a debt.

For additional information concerning debtor-creditor matters please visit the Frequently Asked Questions (FAQs) on our website at wwww.starrandstarr.com/faqs.htm

Best regards,

Stephen Starr

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Answered on 8/09/07, 9:42 am


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