Is This Legal?

[Cali]

My neighbor across the street just told me that one of my creditors called her and said they were trying to update their records and used my name. This can't be legal?

[HHM]

If they can't find you or contact you, they can try and call family, friends, employer and neighbors. However, if they have up to date contact info (including phone number), then yes, calling your neighbor is probably a violation. (assuming it is a collection agency, if it is the original creditor making the call, then FDCPA does not apply).

Also, so long as they did not mention that you owe a debt, there is no violation.

[Cali]

If they can't find you or contact you, they can try and call family, friends, employer and neighbors. However, if they have up to date contact info (including phone number), then yes, calling your neighbor is probably a violation. (assuming it is a collection agency, if it is the original creditor making the call, then FDCPA does not apply).

Also, so long as they did not mention that you owe a debt, there is no violation.

The neighbor told me that they said their name, which is a creditor I have and my name. They said that since she lived 1 number off my address, they knew she was my neighbor. So if they have my address, why are they contacting her?

ETA: I just read this online, not sure how true it is. Let me emphasize that section 805(b)2. specifically says, "debt collectors may not call third parties under the pretense of gaining information already in his possession." Thus, calling your family, friends, neighbors, employees, employer and so forth, after they already have your phone number, is a serious violation of the FDCPA and should be reported to your State Attorney General immediately.

[HHM]

The neighbor told me that they said their name, which is a creditor I have and my name. They said that since she lived 1 number off my address, they knew she was my neighbor. So if they have my address, why are they contacting her?

ETA: I just read this online, not sure how true it is. Let me emphasize that section 805(b)2. specifically says, "debt collectors may not call third parties under the pretense of gaining information already in his possession." Thus, calling your family, friends, neighbors, employees, employer and so forth, after they already have your phone number, is a serious violation of the FDCPA and should be reported to your State Attorney General immediately.

What did the creditor actually ask for?

But yes, it is probably a violation.

[Cali]

What did the creditor actually ask for?

But yes, it is probably a violation.

The creditor just told the neighbor that they saw that she was my neighbor and they were updating their records for me(by name). And if she could give me their phone number to call them ASAP. I still don't understand why they didn't just call me, my phone is working and they have all my contact info. Oh and the account is 30 days past due.

[HHM]

First off, the FDCPA gives rise to a private right of action (it is generally not enforced by your states attorney general). So if you really wanted to do something about it, you would need to sue them in federal court. Also, since this sounds like it is the original creditor calling, the FDCPA DOES NOT APPLY TO THEM. So unless your state has its own set of laws that apply, you are SOL. The FDCPA only applies to collection agencies, collection attorneys, and third party debt assignees (i.e. junk debt buyers).

So long as they don't violate any privacy policy issues, the original creditor can call whoever they like.

[Cali]

First off, the FDCPA gives rise to a private right of action (it is generally not enforced by your states attorney general). So if you really wanted to do something about it, you would need to sue them in federal court. Also, since this sounds like it is the original creditor calling, the FDCPA DOES NOT APPLY TO THEM. So unless your state has its own set of laws that apply, you are SOL. The FDCPA only applies to collection agencies, collection attorneys, and third party debt assignees (i.e. junk debt buyers).

So long as they don't violate any privacy policy issues, the original creditor can call whoever they like.

At least I know it's legal, just never heard of anyone doing this before. It bothers me more that they are calling people about me, and I don't want anyone in my business.

I guess it's time to retain an attorney.