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Are Debt Collectors calling you about someone else's debt? Have you told the collector repeatedly that the debtor does not live there?
Collectors often call 3rd parties trying to locate a debtor. These initial calls to 3rd parties are legal as long as the collector does not already possess the debtors location information (home address and home phone number). Collectors who possess a debtor's location information but call 3rd parties anyway, violate section 804(3).
Feel free to copy and paste the letters listed below into any word processor or, if you prefer, I'll send you electronic copies absolutely FREE! Simply submit this FREE Form and I'll send a copy of the sample letter to whatever email address you provide.
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Legitimate reasons for calling 3rd parties include:
Debtor resided at the 3rd party address at one time;
3rd Party's current phone number previously belonged to the debtor;
Collector has reason to believe the debtor still resides at the 3rd party address
FREE Sample Letter
Stops Debt Collection Calls to 3rd Parties
Today's Date
Your Name
Your Address
Collector's Name
Collector's Address
Mr./Ms. Collector,
I am writing in response to your constant phone calls that are in violation of the Fair Debt Collection Practices Act, specifically:
804(3) - Acquisition of Location Information (15 USC 1692b): Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information.
806(5) - Harassment or Abuse (15 USC 1692d): A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. The following conduct is a violation of this section; "Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number."
I have informed you on several occasions that the consumer you are trying to contact does not live at my address, is not associated with my phone number and that I have no additional location information to provide you. Therefore, in accordance with section 804(3), I demand that you stop calling me at home, at work, on my cell phone or at any other location!
Be advised that I am keeping accurate records of all correspondence from you and your company, including tape recording all phone calls. If you continue calling me, I will consider your actions in violation of section 806(5) and pursue all available legal actions to stop you from harassing my family and me.
Signature
Your Printed Name
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IMPORTANT: Always send stop calling letters by "official mail - return receipt requested" and keep a copy for your records.
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Rich's Enterprises, L.L.C.
Prattville, Alabama (Est 1998)
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