When A Debt Collector Calls Protection Under The FDCPA
Monday, June 7, 2010 8:18:42 PM
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't advertise a debt for the purpose of sale, or make a list of debtors for sale to others. They can't 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 allowed to send mail in care of another person only if you live at that address or if you get your mail at that address. If you share your address with others the mail must be labeled "private" or personal. Basically, the letter can't give any appearance alluding to the fact that it is a collections bill.
A debt collector that knows your name and phone number and therefore is able to contact you personally 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 not leave information about a debt on a third party's voicemail and they must provide the name of the collection agency only if asked.
If you are being contacted by a collector looking for your old roommate, relative or neighbor, the Fair Debt Collection Practice Act says that a debt collector may only get in touch with you to find the location of the person who owes the money. Only if the collector believes you have new information can they contact you again. If a collector contacts you repeatedly about a third party that can be considered harassment and you can file a complaint.
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