Question:

Does FDCPA apply? I'm harrassed by collector for debt of a stranger!?

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I am trying to find out how to deal with a very tenacious debt collector.

TWO YEARS ago, I switched cell phone providers (2 lines-1 for me, one for husband)...since the switch, I have been receiving calls from a debt collection agency for two people I assume are brothers or father/son...they always ask for or leave a message for "Tyler or Jason". It wouldn't be so bad, but my husband works nights, and it makes him insane when his phone rings an hour after he falls asleep and it's this dang bill collector. He needs to leave his phone on so he can be reached by his employer in an emergency, believe me, we have already considered turning it off.

I have contacted them by phone and by letter at least a dozen times in the last 2 years asking them to remove my number. I know that NO bill collector would be without caller ID...can't they see that I share neither a first OR last name with these people? I have even mailed them a copy of my cell phone bill letting them know that the number belongs to me (my name is on the bill, along with the phone number). When I have spoken to them on the phone, they ask me how to reach Tyler or Jason, since it's not their phone. Honestly, I am completely fed up and ready to sue them, but do FDCPA guidelines on harrassment apply when I am not the person they are pursuing? Can I use FDCPA and go to small claims or do I need to get a lawyer and sue for harrassment? Any knowledgeable advice will be appreciated.

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3 ANSWERS


  1. The short answer is yes, you can sue for FDCPA violations even if you are not the debtor. See the answer in the credit section for more info.  


  2. you should be able to call the better business bureau..and actually once you tell them not to call you again because they have the wrong number they are breaking the law...perhaps you should talk to them and pretend you are the person they are looking for and then call them back..you could even do a search for the company with their phone number and call back and ask to speak to their supervisor...you have to make it end...do not let them harrass you..the only other option is to call your phone company...i had to do this once...for some reason i got a business phone number..when i started taking calls for that business about credit cards...i told the phone company it was their problem....

  3. Go to the police station and tell them about it.  They can handle it.

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