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Remember, the FDCPA only covers "third party collectors."Originally posted by SecondChanceGal View PostIt appears one of my creditors have now started calling my parent's home - they are not listed on my credit card as a co-signer, yet this woman told them I'm behind on payments. She's calling them over 3 times a day I'm finding out.
Are they allowed to continually call my parents after being told I don't live there and tell them such information? My bankruptcy appointment isn't until Sept 10, and I don't want them to keep calling them over the next 3 or 4 weeks - or until I'm all paid up to file.
Advice?
So, you need to research the collection laws of your state. Almost all the states have their version of the FDCPA, many are very effective and some not so...
Look at "Consumer Protection" and see what information you can gather and who would be your best contact.
I'll bet money that Chase has violated a state statute with this third party notification and is betting you won't complain to the AG. You may also be able to sue in state court and win damages, but be aware that state courts tend to be far less consumer friendly than BK court.
Draft a letter, site the applicable law, send it certified return receipt to both Chase and the AG.
Demand that Chase notify you only and in writing.
I bet you'll win this and Chase ceases calling your parents.
Unfortunately, you may have to endure a few more calls until Chase gets their hands on the letter.
Hope this helps.
CPO
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