The problem I have is that under PIPEDA... a collection agent, or any business must have permission to collect or disclose information of an individual.

http://privcom.gc.ca see PIPEDA act.

I have a problem with a collection agent trying to pull information from a 3rd party where there was no permission from the person being collected.

A creditor is allowed to share the last known piece of information that they have on a client for collecting purposes. If that information becomes out of date, then that's unfortunate. It's up to the individual to keep their contact information up to date.

Creditor usually give incentives to the debt for keeping their contact information current. IE... making credit cards renew every few years so that the client must give them their current address for purposes of card replacement.

If a person moves, I don't think a collection agent has any right to call people and ask for whereabouts... IMO that violates the PIPEDA regulations.

If you tell a collector "so and so doesn't live here" and hang up, how exactly can a collector take reasonable precaution to find out if the debtor actually lives there, or even if you have a relationship with them?

This is where I get pissed off as a collector -- people pull out the harassment card after 'x' amount of calls, but in reality, the collector never had opportunity. You can try and threaten the collector by telling them you are recording the conversation blah blah whatever -- each agency records the calls as well, and if the client pulls the call, they'll know first hand anyway. You can also try and threaten a collector by telling them if you don't stop calling, I'm going to file a Ministry Complaint, but it will be useless if the collector never had opportunity. The government covers debtor's asses well, but they also have to cover the banks as well.

And you need to understand, with the new provincial laws in Ontario, all the agencies in Ontario are putting the strap on what collectors can do and say to a t. Trust me, it's a lot easier to let a collector go, then it is to lose a client over a collector yelling a debtor because they choose not to pay their AMEX bill.

Anyway, as far as your situation goes, the ministry complain won't help you, if you don't help the collector. If the debtor doesn't live with you (even if you know them) tell the collector that. Tell them you've broken ties. All this unless of course, you don't actually know the debtor at all, but in reality, unless you've moved into the house the debtor lived in, or their phone number was reassigned to you, collectors know you're covering for the debtor.

Most creditors are not going to sue you. The collectors need their commission dollars for their quota (most of the time, not for their pockets). Obvious all collectors are dunning for payment in full, but a lot of them will take settlements, to move on to the next debtor. If you chose not to work with them, they can't work with you.

The Collection Agencies Act prohibits collection agencies from doing certain things. what they are doing is one of them:

"continuing to contact you if you have told them that you are not the person they are looking for unless they take reasonable precautions to ensure you are that person;" from website: http://www.gov.on.ca/mgs/en/ConsProt/STEL02_045978.html

I would ask for their name, company name , busines regestration number and inform them that you will be contacting the Consumer Protection Branch to file a complant.

They answer telephone inquiries and mediate written complaints between consumers and businesses:

1-800-889-9768

416-326-8800

Or do it online and check off for a reply:
http://www.gov.on.ca/mgs/en/Contact/STEL01_045739.html

Hello, I am getting phone calls from DAC. They are looking for someone who does not live here. They say the calls will not stop until "that" person contacts them. Woke me up this morning with another rude exhange.
What can I do.
Thanks, Bill