When A Bill Collector Calls: Protection From The FDCPA
It is essential that collections agents respect your privacy. According to the Fair Debt Collection Practice Act, bill collectors are unable to exchange information about persons that owe a debt. They can’t distribute a list of debtors to its creditor subscribers. They cannot advertise a debt for sale, or create a list of debtors to its creditor subscribers.
They can not advertise a debt for with the intention of selling it, or compile a list of debtors for sale to others. They are unable leave messages with third parties requesting that the debtor to call them. The outside of envelopes sent by collections agents cannot indicate the purpose of the letter in any way. Postcards are always prohibited.
A collector is permitted to send mail in care of another person only if you reside at that address or if you receive your mail at that address. If you share your address with others the mail should be labeled “private” or personal. Essentially, the letter can’t give any evidence pointing to the fact that it is a collections letter.
A debt collector that knows your name and phone number and thus can contact you yourself is not permitted to contact your neighbors or family members. If they cannot locate you and they do call your family members or neighbors, the collector must identify themselves by name but not tell the third party that they are a debt collector.
They can’t tell others you owe a debt or talk to them about account details. They cannot contact the person more than once, can’t leave information about a debt on a third party’s voicemail and they have to tell the name of the collection agency but only if asked.
If you are being contacted by a collector seeking your old roommate, relative or neighbor, the Fair Debt Collection Practice Act states a debt collector can only get in touch with you to determine the location of the person who owes the money. Only if the collector thinks you have new information are they permitted to contact you again. If a collector contacts you on multiple occassions about a third party that can be considered harassment and you can file a complaint.
Mallory Megan works for a debt collection company. Also, she does stories on business and finance, consumer spending, and collection agencies.
Category: PayDay Loans
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