Debt Collector Calling, What Can You Do? (Image courtesy: ABCNewsgo.com)
The rules and regulations contained in the Fair Debt Collection Practices (FDCPA) place strict limits on the individuals that debt collectors are allowed to contact about any debt you may owe. In most situations, collectors and collection agencies are only allowed to communicate with you or your attorney. Collectors are even prohibited from leaving messages on answering machines that could be heard by other people. Congress establishes these rules to safeguard the privacy of debtors and their friends and family.
There are, however, some exceptions. In addition to you and your attorney, collectors are permitted to talk about your debts with credit reporting agencies, the creditor, and the creditor’s attorney, your spouse, or your guardian (if you are a minor).
You are also allowed to give permission to debt collectors to talk to other people about your debts. However, this consent is only valid if you speak with the collector about it directly. Collectors cannot, for example, presume it is allowed to talk to another person even if that person is making some bill payments on your behalf.
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Debt collectors are also allowed to contact third parties for the purposes of locating you, but there are certain rules they must follow in these communications. For example, they must not use the name of the collection agency or mention anything about you owing a debt.
If you believe a debt collector is breaking any of the rules outlined in the FDCPA, you may report the violations to the Consumer Financial Protection Bureau, a government agency dedicated to guarding consumers against unfair collection practices.
The best way to protect your privacy in these matters is to hire an experienced and competent bankruptcy attorney. From your initial consultation to your final court hearing, the Law Firm of Hoskins, Turco, Lloyd & Lloyd will provide legal services tailored to your unique financial situation and will thoroughly explain every step of the process along the way. We will ensure the calls stop and help you get back on the road to financial recovery and the second chance you deserve. Do not hesitate to schedule your free consultation at one of our four locations (Port St. Lucie, Vero Beach, Fort Pierce, and Okeechobee). Call us today at 866-460-1990.