“Stop Calling My Work!” – Understanding the Fair Debt Collection Practices Act (FDCPA).

more+
less-
more+
less-

FDCPA Debt Collector AbusePressure.  Debt collectors want you to feel the pressure.  And nothing is going to put pressure on you to pay the debt collector money like them calling your job and discussing your personal financial information with others.

Calls to your place of employment are not only embarrassing but may be putting your job at risk.

FDCPA Limitations on Debt Collectors

The FDCPA prohibits debt collectors from contacting you at work when they know that your employer does not allow you to take their calls there.

Further, the FDCPA prohibits debt collectors from contacting third-parties to discuss your debt.

Many times the debt collector will try and seek cover by stating that they are merely calling a third party to get contact information for you.  However, usually they already have your contact information, have likely called you at home and/or sent you letters and are merely calling because they know it will cause embarrassment and put pressure on you to pay them money.

If debt collectors are calling your employment, take the call and inform them that you are not permitted to take collection calls at work and that they aren’t to call you there again.

Then, make a note of who the debt collector is and when you told them to stop calling you.  If they call you again, keep note.  Debt collectors that ignore your demand to stop calling you at work are in violation of the FDCPA and must be held liable for ignoring the law.

The FDCPA provides for damages of $1,000, plus actual damages, and attorney’s fees and costs.  If you believe that a debt collector is violating the Fair Debt Collection Practices Act by contacting you at work or discussing your private financial information with third parties give me a call.  I won’t charge you a thing to sit down and put together a plan on how we can get them to stop.

Topics:  Debt, Debt Collection, Debt Collectors, FDCPA

Published In: Consumer Protection Updates, Finance & Banking Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© John Skiba, Skiba Law Group, PLC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »