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I have a debt collector who continues to call me and my spouse after I have sent a certified letter asking for them to communicate via mail only. Can they be pursued for violating the fair debt collections practices act?
There is not enough information in your post to really assess whether you have a valid claim or not. The FDCPA only applies to debt collectors and the definition of who is a debt collector was recently limited. The FDCPA defines a debt collector as any person who regularly collects, or attempts to collect, consumer debts for another person or institution or uses some name other than its own when collecting its own consumer debts. So in this case, if the debt was legitimately sold to another company and they now own the debt and are trying to collect on a debt they actually own it would not be a violation.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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DisclaimerThe response posted is based upon the information made available and is not intended as a full and complete response to the question. The only manner to obtain complete and adequate legal advice is to consult with an attorney. No Q&A posting or other communication will be treated as confidential from this website and does not create an attorney-client relationship.