If you have gotten behind on your monthly bills, or if you have been falsely accused of owing a debt that you don’t owe – which is even worse, you do have resources available to help you and your loved ones. The Fair Debt Collection Practices Act (FDCPA) was enacted in 1978 with the intent of stopping unscrupulous collection practices of third-party debt collectors.
Not all debt collectors abide by the FDCPA although they can face harsh penalties for violations. If Prince Parker & Associates has notified an uninvolved third party about your debt, you may be eligible to file and FDCPA lawsuit against them depending on the circumstances.
What Third Parties Can Debt Collectors Contact?
A debt collector isn’t permitted to discuss your debt with anyone who wasn’t involved with the original loan process. This means that even if you still live at home with your parents, Prince Parker and Associates can only ask your parents where you are and the best phone number at which to reach you. They cannot say they are calling you because of a past due debt. The FDCPA indicates that your spouse can only be contacted if these circumstances apply to your specific debt:
- He or she is a party to the debt, which means the debt is in both names
- If the debt collector is only looking for you and to verify contact information
- If you give the debt collector permission to discuss the debt with your spouse
The FDCPA doesn’t say that debt collectors aren’t permitted to contact where you work, but the FDCPA does restrict when and how collection calls and inquiries are permitted and how they are to be made. And, if the collection agency has been told at least once by you or your employer that you are not allowed to receive phone calls while at work, they can no longer try to contact you at work. If they do so, they are in violation of the FDCPA.
Collection agencies are permitted to contact a third-party to obtain your address and phone number and the name and address of your place of work. If Prince Parker & Associates asks anything else of the third party, they have violated the FDCPA.
What Contacting Third Parties Are In Violation Of The FDCPA
The FDCPA protects you from being harassed over a delinquent debt. It also protects your family and friends. Spouses can only be contacted about a debt when the guidelines previously mentioned are followed. Debt collectors are not allowed to:
- Contact a spouse more than once if the debt doesn’t also belong to them
- Call or write spouses with the specific details of the debt if their name isn’t directly associated with the debt
- Share information about the debt with the spouse if his or her name isn’t also included on the loan documents
- Leave messages with your spouse pertaining to the debt collection efforts
Even if there is a debt that is co-owned with your spouse, the debt collectors can no longer contact you or your spouse if you notify them in writing that you want them to stop communications. Collection agencies cannot disclose the name of the debt collection agency unless the third party specifically asks for those details and they cannot inform the third party that you owe a debt or that the communication regards debt collections.
Prince Parker & Associates cannot contact a third party more than one time, unless that party didn’t provide complete contact information or unless they provided inaccurate details. They are not permitted to send written details that contains information that makes it obvious the contact is from a debt collection agency. If Prince Parker & Associates does any of those things, they have violated the FDCPA and you can receive damages because of their actions.
Talk To An FDCPA Lawyer Today
If Prince Parker & Associates contacted a third party who wasn’t involved with the debt, they can face legal repercussions. You should talk with an FDCPA attorney who specializes in debt collection harassment cases so you can learn more about your rights and how to stop Prince Parker & Associates from harassing you for the delinquent debt.
Fill out the Free Case Evaluation Form to have the details of your case shared with an FDCPA attorney who handles consumer law claims in your state.
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*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Prince Parker & Associates or any other third-party collection agency, you may not be entitled to compensation.