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Harassing Calls

Jamestown, CA |

I am listed as a "reference" on a student's loan with Sallie Mae. The student has moved. Sallie Mae is calling me daily, several times, including evenings. I told Sallie Mae that the student moved and I do not have any further information. The rep told me they were not going to stop calling, since I am a REFERENCE . The rep asked questions as to the person's phone number, which I do not have and the calls will continue. I hung up the phone. Is there legal way to protect myself? Thank you.

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Attorney answers 1


No person may be caused an annoyance by a debt collector to collect a consumer debt, such as a student loan or personal credit card. These annoying calls to you violate the Fair Debt Collection Practices Act (FDCPA) and probably also the Cal. Rosenthal FDCPA, each of which would allow your actual damages for the harassment, up to $1000 in statutory damages, your attorney's fees and court costs. Be sure to keep accurate and detailed records of those calls, which will help you and your lawyer present your case to the court and also keep track of how this makes you feel and what you have said to them about stopping the calls and not being the student who is the person responsible for the loans, not your.

Also, these calls violate the student/borrower's rights to not have a debt collector disclose their financial problems to third parties. You are not the borrower, so you are a third party. The debt collector with each of these calls violates both your rights to not be harassed and the student's rights to not have his or her problems with this debt disclosed and embarrassed by it.

You should contact an experienced consumer attorney and see the link, below, to my web site and obtain the free call log to help you document those collection calls. Please be aware of the one year statute of limitations. Do not sit back and allow these calls to go unchecked. Who knows if they might get even worse.

Robert Stempler (please see DISCLAIMER below)
Twitter: @RStempler

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