A common tactic used by debt collectors is to contact your friends, family or to call you at work. The debt collectors fully understand that this humiliates you and puts you in fear of losing your job. And because you want to avoid these things they hope you will call them back and send them money.
The problem is under the Fair Debt Collection Practices Act (FDCPA) debt collectors are only allowed to contact third parties like your family, friends, and employer under narrow circumstances.
Why are They Calling Your Family?
The FDCPA prohibits your creditors from contacting anyone but you about your debt EXCEPT if they are calling to get your contact information (i.e. home address, home telephone, or place of employment). The debt collector is not permitted to tell them that you owe a debt nor are they allowed to tell your family member or employer who they work for unless the debt collector is specifically asked.
Further, they can only call ONCE! After they obtain your contact information they cannot call again unless they believe the information has changed or they believe that they have been given incorrect information.
Can the Debt Collector Ask My Neighbor to Contact Me?
No. The only time a debt collector can contact third-parties is when they are trying to get information on where you live or work.
No. Other. Times!
Sometimes a debt collector will call a neighbor and ask them to put a note on your door. This is an FDCPA violation! It is illegal. Why? Because they clearly already know where you live if they are asking someone to put a note on your door. They don’t need information on where you live. They already have it.
Don’t put up with debt collectors bothering your family or putting your job in jeopardy by calling your work. If they already know your contact information they shouldn’t be calling. They are violating federal law and you have the power to put a stop to it.
Schedule a Free Consultation!
John Skiba, Esq.
We offer a free consultation to discuss your debt problem and help you put together a game plan to eliminate your debt once and for all. Give us a call at (480) 420-4028