Debt collectors are permitted by law to contact your friends or family in an attempt to locate you. However, they are not permitted to contact these individuals in an attempt to collect the debt, and they are only permitted to contact them once unless they believe fresh information may be available. This, however, necessitates the individual answering and informing the collector that they are not the debtor.
You can tell the collector if the collector is calling about a friend or family member who has died away. If you have such information, you can also direct them to the estate executor, but you don’t have to.
File a Complaint With the FTC
While the FDCPA spells out a lot of what a debt collector can and can’t do, not all debt collectors adhere to the guidelines. If the collector has been advised that you are not the debtor and they continue to phone, you may need to file a complaint with the Federal Trade Commission and maybe your state attorney general’s office to get them to stop.
Get Legal Help
While reporting the Federal Trade Commission and the Attorney General’s Office is normally the last resort, extreme instances may necessitate legal action. If you’re unsure if you have legal basis for a harassment claim or can’t get the calls to stop, speaking with a consumer law attorney may be beneficial.
Avoid Common Mistakes
Never offer your personal information to a debt collector. Scammers may act as debt collectors, and providing them with this information might lead to crimes such as identity theft or credit card fraud. It’s also a bad idea to lose your cool or become enraged. These phone calls might be aggravating. However, bear in mind that the person on the other end of the line is only trying to perform their job, and losing your cool isn’t going to help.
How do I get debt collectors to stop calling my family?
Paying a debt collector is the simplest way to stop them from phoning your relatives. Otherwise, you have the option of asking the debt collector to stop contacting you about the debt. A cease and desist letter must be sent to accomplish this.
If submitting a cease-and-desist letter does not work, you should see an attorney. If they have breached your rights, you can launch a lawsuit and look into additional counterclaim possibilities.
How do Bill collectors get my family members phone numbers?
To obtain phone numbers and other contact information for persons who owe money, debt collectors utilize a method known as “skip tracing.” 2 They track down people who know you and gather as much information as possible.
Can debt collectors text your family?
If a debt collector contacts you to try to persuade you to pay a past-due bill, there are a few crucial guidelines they must follow right now:
- They are not allowed to harass, threaten, or inform your friends and relatives about your debt.
These fundamental guidelines aren’t going away anytime soon. They will, however, be upgraded to more clearly describe the communication mechanisms that can be employed.
These regulations were written in the 1970s and do not take into consideration modern communication methods such as texting and email. Many debt collectors may have avoided these tactics to avoid harassment allegations. However, the Consumer Financial Protection Bureau’s database of consumer complaints contains reports that debt collectors are exploiting email and text messaging to contact debtors.
It’s difficult to tell who’s following the rulesand who’s pestering youwithout expressly specifying how debt collectors can contact you using these ways.
The Fair Debt Collection Practices Act has been updated, and the following are the most significant modifications.
Phone Calls
Third-party debt collectors can phone you once a day under the new law, but if they speak to you, they can’t call you again for at least seven days. Furthermore, you have the right to order them to cease phoning you, and they must comply. There is currently no limit to how many times a debt collector can phone you, and you can only ask them to stop calling you by writing a letter.
Text Messages and Emails
You have the right to receive electronic messages, such as texts and emails, from a third-party debt collector. Each of these messages must provide information on how to opt out of receiving such messages in the future. Messages must be transmitted at a respectable hour, equivalent to the phone call time limit of 8 a.m. to 9 p.m.
Social Media Messages
A debt collector can send you private messages, but they are not allowed to post anything for your followers, friends, or the whole public to see. Each message must, once again, include an opt-out instruction.
The regulations apply to each individual debt you have with a third party in collections. These laws don’t apply if you’re approached directly by a bank, credit card firm, or other lenderoften referred to as an original creditor.
Can collection agencies harass family members?
If a debt collector harasses you, don’t let your embarrassment over your debt keep you from taking action. Collection agencies are not authorized to phone you multiple times a day, harass your family members, or threaten to have you arrested, even if you owe money legitimately.
“Getting a phone call from a debt collector can be frightening,” says Joyce Blue, a money relationship expert in Boise, Idaho. “Recognize that you are not alone, and don’t be embarrassed about it. Ignoring the calls is the worst thing you can do. It’s not an admission of guilt to speak with them.”
You also don’t have to communicate with a collection agency right away, according to Kevin Gallegos, vice president of Phoenix operations for Freedom Debt Relief. If you pick up the phone and aren’t ready to talk about your situation,
Can a debt collector talk to anyone else about my debt?
Debt collectors are limited in what they can say or inquire about you. In most cases, a debt collector can only contact other people to find out:
Debt collectors aren’t allowed to contact you more than once, and they can’t claim to be trying to collect a debt. A debt collector is generally prohibited from discussing your debt with anyone other than:
If the debt collector is aware that you are being represented by an attorney over the debt, the debt collector must contact the attorney rather than you. If your attorney fails to respond to the collector within a reasonable time or if your attorney agrees to the collector’s communication, the debt collector may contact you.
Tip: The Consumer Financial Protection Bureau (CFPB) has created sample letters that a consumer can use to respond to a debt collector attempting to recover a debt. The letters come with instructions on how to utilize them. The sample letters may assist you in obtaining information, establishing boundaries or stopping further communication, or exercising some of your rights.
- If your company forbids you from receiving personal calls at work, you should inform the debt collector.
- If a debt collector knows that you are not permitted to receive calls from them at work, the debt collector is not permitted to call you there.
- If a debt collector contacts your place of business, you should speak with the person who answered the phone to find out what the debt collector said. A debt collector is not allowed to inform your employer that you owe money. If a debt collector has informed your employer that you owe a bill, you should see an attorney to learn more about your options.
If you’re encountering problems with debt collection, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) online or by calling (855) 411-CFPB (2372).
Should I answer debt collector calls?
What Should You Say If a Debt Collector Calls? A debt collector’s phone call seldom arrives at a convenient time, but the best answer is to tackle the situation head-on. You may want to hide or ignore the problem in the hopes that it will go away, but this will only make matters worse.
Can debt collectors call your spouse?
If you advise debt collectors in writing that you do not want them to contact you or your spouse, they are not allowed to contact you or your spouse. A debt collector who does not stop communicating after receiving written notice is breaking the law.
Common Scenarios:
A consumer owing a debt and is unable to repay it at the present moment. He or she receives a call from a creditor or debt collector requesting payment. The consumer informs the collection agency’s collection representative that he or she does not have the funds and will be unable to pay for the following month. The collection agency informs the consumer that it will contact them again in a month to request payment. At that time, the consumer believes they are no longer being harassed by collection agencies. However, two hours later, he or she receives a call from the same collection agency demanding payment once more. The customer tells the collection agent that he or she just got a call that day and told the previous collection agent that a payment couldn’t be made right now, but that it would be possible next month. The debt collector claims it will contact you next month. Now the customer is convinced that he or she will not receive any calls for the next month. However, the same collection agency makes another call to the consumer a few hours later. This time, the customer is irritated and refuses to pick up the phone. The next day, the customer receives three or more calls from a creditor or debt collector attempting to collect a debt, and this pattern repeats itself each day.
This, in my opinion, is the type of aggressive and frequent collection calls that the FDCPA and RFDCPA are designed to prevent.
What debt collectors Cannot do?
You cannot be harassed or abused by debt collectors. They are not allowed to swear, threaten you or your property with illegal harm, threaten you with illegal activities, or falsely threaten you with actions they do not intend to take. They also can’t phone you repeatedly in a short amount of time to annoy or harass you.
Debt collectors are not allowed to make false or misleading claims. They can’t, for example, lie about the debt they’re trying to collect or the fact that they’re trying to collect it, and they can’t use phrases or symbols in their communications to you that make them appear to be from an attorney, court, or government agency.
Debt collectors are not permitted to contact you at inconvenient or odd times or locations. They may call between the hours of 8 a.m. and 9 p.m., but you may request that they call at a different time if those hours are difficult for you.
Debt collectors are permitted to send you notices or letters, but the envelopes must not contain information about your debt or any information meant to embarrass you.
You can ask a debt collector to only contact you by mail or through your attorney, or you can put other restrictions in place. Make sure your request is in writing, that it is sent certified mail with a return receipt, and that you preserve a copy of the letter and receipt. You also have the right to request that a debt collector cease all communication with you. If you do this, the debt collector can only contact you to affirm that it will stop contacting you and to warn you that it may file a lawsuit or take other legal action against you. Remember that even if you urge a debt collector to cease contacting you, the debt collector may still sue you and disclose your debt to credit reporting agencies, damaging your credit.
See Debt Collector Contacting Your Employer or Other People for information on when a debt collector can contact your employer or other people.
What do debt collectors say when they call?
Debt collectors can access some of this information from your credit record and use it to get you to pay right away. They may, for example, state “I see that you’ve made all of your credit card payments on time. You must be able to pay off this loan.” Alternatively, “Aren’t you working for ABC Company? That is to say, you are able to pay for it.
Keep in mind that any information you provide over the phone will be used to collect the debt. It’s pointless to talk about your personal or financial details if you’re not ready to pay.
How often can debt collectors call?
The Fair Debt Collection Methods Act (FDCPA) was passed to protect borrowers from unfair and abusive debt collection practices. The FDCPA does not set a limit on how many times a debt collector can contact you. It does, however, place some limitations on how a debt collector can engage with you.
A debt collector is presumed to be in violation of federal law if it places telephone calls to a specific person in connection with the collection of a specific debt in either of the following circumstances, according to a final rule that takes effect in late 2021 and amends Regulation F, which implements the FDCPA.
- The debt collector calls within seven days of speaking with you on the phone about the debt. The first day of the seven-day period is the date of the telephone discussion. (See 12 C.F.R. 1006.14)
This restriction applies to each individual loan, not to each individual customer. As a result, if you owe on multiple loans, a debt collector may contact you more frequently. There are three exceptions to this telephone call frequency limit:
- Calls made to certain professionals, such as your lawyer. 12 CFR 1006.14(b)(3)
Who Has to Comply With the FDCPA?
The FDCPA primarily applies to debt collectors, which are defined as third parties who collect debts owing to another person or corporation. In other situations, however, a debt buyer may be required to follow the law, such as when purchasing a home.
What should you not say to debt collectors?
It’s also critical to keep track of what you shouldn’t discuss with debt collectors during the collection process. The following are three things you should never tell a debt collector:
Never Give Them Your Personal Information
The agent will request personal information in order to verify your identity and debt ownership.
You are not required to respond to these questions. Instead, request that the agent exclusively communicate with you by email.
Never Admit That The Debt Is Yours
There’s no reason to do this, and it could get you in hot water later if you try to dispute the amount as erroneous on your credit report.
Many old debts have bogus interest charges that you aren’t required to pay, but debt collectors will try to collect nevertheless.
It’s advisable to hang up after telling the collection agent to provide you the information in writing. You have the legal right to do so, and we’ll get to that in a moment.
Never Provide Bank Account Information
While you’re on the phone with a debt collector, they’ll try to persuade you to make a payment, even if it’s a tiny one. To complete the transaction, the agent will need your bank account or credit card details. It may appear to be a simple and quick way to end the call and get off the phone. However, this can lead to a number of serious issues:
- You Lose Leverage: Your payment is your leverage when it comes to dealing with debt collectors in the future. So don’t pay too soon and lose your most valuable bargaining chip. Save it for a time when you can receive something in exchange, such as requesting that the creditor delete unfavorable items from your credit report in exchange for a payment.
- You Share Account Information: The agent may claim that he or she will not keep your bank account or credit card information on file. You, on the other hand, have no way of knowing whether or not this is true. Additionally, debt collectors have charged you more than you committed to pay.
- The Statute of Limitations on the Obligation is Reset: Making a payment resets the statute of limitations on the debt. This provides the creditor additional time to file a lawsuit against you for losses.
It’s fine if you wish to pay off the debt or sign a payment plan, especially if it’s part of a larger debt management strategy. But first, acquire a written agreement.
