Legal Question in Credit and Debt Law in Pennsylvania
debt collectors contacting a minor child by phone
I'm disabeled because of brain surgery. My father in law purchased cell phones for myself and for my daughter who is only 10 for emergency purposes. A debt collector called my daughters cell phone several times. I called them telling them not to call that number but they replied they will call until they get their money. But they refuse to give me any info on the account. What can I do?
2 Answers from Attorneys
Re: debt collectors contacting a minor child by phone
You asked about dealing with debt collectors.
The first thing is to switch phones (or at least SIM cards) with your daughter.
The easiest way to get rid of them is to use the Fair Debt Collection Practices Act. You can look online for how best to employ that act. You have an odd situation because you are not the actual debtor, but the communications aspects still apply to you. Most of all, don't fight with them and don't let them get to you. That is what they want and helps them win. Instead, just start jabbering. You don't even have to listen to them, Give them a play by play of whatever you're doing at the moment. To get their information you could also agree to make a payment to get them to go away. Tell them you need their name and address to send a check (obviously, do not agree to use a credit card or pay by phone, you just want their information so you can file a complaint).
You can hire an attorney to take care of the matter. If you win (and I don't see why you shouldn't) the other side could be stuck with not on;y paying a statutory penalty to you, but also with paying your legal fees and costs.
Also file a police report for harassment and file complaints with the attorney general's office and the Federal Trade Commission. I would also suggest an ADA complaint would be a nice addition, and could result in some money for you also.
Most of all, instead of getting angry, get even.
Regards,
Roger
Re: debt collectors contacting a minor child by phone
Mr. Traversa had some good advice but I just wanted to add that you should not make a payment to them. What Mr. Traversa is suggesting, unless I'm wrong, is that you obtain their name and address in order to facilitate an action against the collection agency. It is rather outrageous that they are calling a 10 year old child after being on notice that the child is 10 years old and that they have expressed a total disregard of that fact. I think you should sue them.
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