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June 1st, 2010 |

Author: Gavin

Illegal Debt Collection Tactics Part 9: Telling other people about your debt

TheFair Debt Collection Practices Act, known as the FDCPA, has strict regulations regarding how third party debt collectors can conduct business, including harassing collections calls and contacting third parties about alleged debts, which are all FDCPA violations under federal law. The Federal Trade Commission is responsible for instituting the law, which Congress passed in 1978. The law works with the Consumer Credit Protection Act, also a federal law, and state laws to protect consumers from unethical, and sometimes illegal debt collections companies which creditors hire to collect debts from consumers.

If you’ve ever had to deal with a third party debt collector, you know that they can be very aggressive and demanding, especially if you’re going through a serious financial problem which is making it impossible for you to pay your debts. Even though some third party agents only use practices which are in accordance with the law, there are thousands of others guilty of FDCPA violations, including harassing or threatening collections calls, letter or postcards, or electronic communications. People who aren’t familiar with actions they may take against these unscrupulous people, put up with their abusive methods. However thousands of others have complained to the Federal Trade Commission about these methods, and every year hundreds of lawsuits are brought against third party debt collectors hired by creditors, by consumers who have had enough.

The law has specific sections regarding practices used by third parties whose job it is to collect debts. Some of these collectors routinely break the law because they’re operating under the assumption that most people aren’t clear about their consumer rights. The fact is that if they break the law, they’re subject to litigation, fines, and in some cases of extreme abuses, imprisonment. Collections calls are one of the most common methods used by debt collectors to intimidate consumers into paying money they may or may not owe, and one of the most common FDCPA violations.

The FDCPA has specific conditions set forth under which a debt collector may call a consumer, and whom they may speak to regarding a debt you owe, or allegedly owe. Although third party agents may call your home, it’s illegal for them to call prior to 8 am or after 9 pm. They may call your employer, but if your company has a policy against receiving personal calls at work, you can prevent them from calling at your workplace. You must be aware that you have to send a request in writing informing them that they aren’t to call your employer, otherwise your request isn’t valid. One person recently was asked by an elderly relative to inform a debt collector that she is not to be called. Neither the person who owed the debt or her relative were aware of the law, and it was very upsetting.

The third party collector may only speak directly to you, your spouse, or a parent, if you’re under age. Under the Fair Debt Collection Practices Act, a third party is considered to be anyone else. Location information is also clearly defined under the FDCPA. Collections calls may not be made to a third party other than a spouse or parent, under any circumstances. To do so is a direct FDCPA violation. Your location information includes your name, home telephone number, and where you work. If a debt collector attempts to inform a third party about your debt, or has called them in an attempt to get information about you, this is illegal and you have grounds to sue them.

About the Author

Daniel A. 
Webmaster

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