Can a debt collector call my family and friends?

Written by Amelia Gordon on April 4, 2011 – 12:19 am

There are times when people struggle to pay their bills. There just is not enough money coming in to make all the payments. Can debt collectors call family and friends to share the sometimes humiliating news that someone cannot pay? Simply stated the answer is no. This does not mean that debt collection never stoops to this level though.

The Fair Debt Collection Practices Act (FDCPA) is supposed to ensure that debt collectors do not call any third parties, including family and friends, to openly discuss any monetary issues. They can call to ask for information, such as a phone number or street address. Although this act is meant to protect consumers, many debt collection agencies choose to ignore it. They know that contacting family and friends can often make their collection successful. They take advantage of this rule because they realize many consumers are not knowledgeable about it.

Contacting a debt lawyer is in the consumer’s best interest if they are put in this situation. Consumers rights should not be taken advantage of just because they do not know about the FDCPA. Most collection agencies assume that the consumer will pay them to make the phone calls stop. Being bullied into paying a debt is not only wrong, but illegal. A debt lawyer can sue the collection agency.

If the consumer cannot pay their debt, chances are they cannot afford to pay attorney fees. Often times a debt lawyer will work on contingency. This means that unless the case wins the consumer does not have to pay any fees. This is a no risk way to teach debt collectors not to break the law. If the case loses, the consumer is liable for no attorney fees. A winning case can award the consumer $1,000 for damages and the collection agency has to pay the attorney fees.

Not suing collection agencies who operate on sleazy tactics is the only real problem. Getting paid because they harassed the consumer into it encourages them to continue operating this way. The third party phone calls will continue until they are taught a lesson. The best way to do this is by calling a debt lawyer and having them learn their lesson the legal way, in court.

Contact a debt lawyer immediately if you feel that your rights have been violated by a debt collector.

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Tags: Call Family, Debt Collector, Friends
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