ULPT: Debt collector calling for my sister
Posted by OppositeEconomy578@reddit | UnethicalLifeProTips | View on Reddit | 29 comments
Debt collector called for my sister I answered as her and then told them I'm not her and I don't talk to her He then threatened to sue me and told me he was sending it to the lawyer. She was a drug addict and stole from us several times. Can they even do anything.
WanderingMadmanRedux@reddit
The can go after her in civil court.
OppositeEconomy578@reddit (OP)
He said he would be going after me for saying I was her at first.
yeahbet4764@reddit
You didn’t sign any deal or document to do services or to pay him. He’s just threatening you because you are young and probably don’t know that. Learn law and how court works you’re going to need to eventually anyway.
Apprehensive_Hat8986@reddit
It was a phone call, not legal testimony, and you weren't defrauding anyone for money. They're fucked.
You have my sympathy for this.
Gogglesed@reddit
Ignore
WanderingMadmanRedux@reddit
Unless you are a co-signer, no.
ConsistentCoyote3786@reddit
Ask for names. First and last. Tell them you’re recording the calls. Keep a record. Tell them you have a record and if they keep calling you’ll sue for harassment. Never raise your voice or get upset.
miraculum_one@reddit
Recording phone conversations without consent isn't legal everywhere. It's best not to engage with them. Simply tell them to never contact you again.
cruddite@reddit
"I’m about to begin recording this call. Please stay on the line if you consent."
miraculum_one@reddit
Consent has to be explicit
cruddite@reddit
I suppose you'd repeat it once you started recording. "As I just stated, this call is being recorded. Please signal your continued consent by remaining on the line."
miraculum_one@reddit
Same problem. You have no evidence you got consent before you started recording. Regardless, that is still not explicit consent.
cruddite@reddit
Sounds like my Ring camera is operating on dubious legal grounds!
miraculum_one@reddit
it's not a phone call, which is what the regulations cover
cruddite@reddit
Which regulations are they? You've got my attention now and I’m fascinated. Easiest for me would be a citation to a specific statute or regulation. I’m able to find court opinions interpreting them.
ConsistentCoyote3786@reddit
Not true. “These calls are being recorded for quality assurance…” I never explicitly agreed.
NorthRoseGold@reddit
They are lying. There's not generally a law against JUST impersonating someone. It has to go far, to the point where you benefit and in that case it's fraudulent impersonation. Like a fraud charge. Kwim? You didn't benefit from it. You weren't doing it in order to try to get a benefit.
horsetooth_mcgee@reddit
Put it COMPLETELY out of your mind and block the number. He can't do jack shit to you.
Flux_My_Capacitor@reddit
He thought that you were lying so when he said he was going to sue you he thought he was saying he was going to sue your sister.
PI3states@reddit
No, please, don’t worry. They are shitty people/companies. They scare everyone.
nojustnoperightonout@reddit
Get their first and last name, and a state, if not the town they're operating out of, then tell em you have an updated address for her and give them theirs from a data aggregator site.
It might not be the most up to date but it sure gets the point across
MycologistBig5083@reddit
You tell them to get bent. They made the mistake of buying your debt, it is now 100% their liability and no longer yours.
Elmo_Chipshop@reddit
They cant sue you for someone elses debt.
Well, they can, but whatever lawyer takes that in front of a judge would probably be referred for discipline and wasting the courts time.
OppositeEconomy578@reddit (OP)
He said he would sue me and send the call recording to the lawyers because I was acting like my sister but I don’t know where she lives.
Elmo_Chipshop@reddit
Sounds like hot smoke to scare you because they probably thought you were lying.
Fuck em.
Av8tr1@reddit
They can't go after you for someone else's debts. In fact its illegal for them to have even told you about it in violation of the Fair Debt Collection Act. You might seek a lawyer and sue them for it. When my father died one of the larger credit card companies hired a shitty debt collector who tried to collect my father's debt from me. I took them to court and they settled for a substantial amount before we even got a court date.
Search for a fair debt collection lawyer. There used to be a law called the telephone consumer protection act as well you could go after them under if they called your cell phone but I think that law lost it teeth in a rewrite recently.
If you can get a recording of these guys doing it you'll have great evidence to support your claim. Even if you live in a two party state, you wont have to notify them you are recording. No one is going to charge you if you are recording evidence against them. There is a lot of case law around recording others doing wrong and it being allowed as evidence without notification.
Basically, they are violating
§ 805. Communication in connection with debt collection
§ 806. Harassment or abuse
§ 807. False or misleading representations
There may be others. I think its worth $1000 plus actual damages per occurrence. I am not a lawyer though just went through this myself.
kerodon@reddit
No. If they keep calling just tell them you'll sue them for harassment.
Sum-Duud@reddit
Why are you ULPT asking a legal advice question?
Ignore the collector.
Skeggy-@reddit
Doesn’t sound like your problem.
Not your debt.