Legal Question in Credit and Debt Law in New York

Re: Phone calls at random hours

Under the Fair Debt Collection Practices Act (15 USC 1692c), "a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector."

I assume that since your son is in college he is not a minor. Therefore, by attempting to collect the debt through telephone conversations with you (a third party) is in violation of the Act.

Furthermore, if "... the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except-- (1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy."

Therefore, I would also tell the debt collector to refrain all efforts.

Mike.