Can a Debt Collector Contact my Friends?
![Debt Collector Contact Friends]()
General Rule: If a debt collector does not know how to reach you they can call a friend to request your contact information. However, they cannot discuss or make any reference to your debt.
It’s stressful to have to deal with a collection agency over a debt. However, most people do not expect a friend to get a call from a debt collector about them. For most, having them contact a friend is an embarrassing ordeal.
Debt Collectors are not free to call whoever they want to discuss your debt. There are requirements they must follow under the Fair Debt Collection Practices Act (FDCPA). These requirements specifically instruct debt collectors on who they can call and what they can say. There may be significant consequences for debt collectors who fail to follow these rules.
As you read this article, you will learn if a collection agency may contact a friend. You will also gain an understanding of what information they must keep private. For any violations, you have several options in this article to stop the collection agency.
A Friend Told Me a Collection Agency Contacted Them About Me
A debt collector has several responsibilities when collecting a debt. One responsibility is to ensure that your debt is not revealed to others, including your friends. The FDCPA recognized the need to keep debt private to ensure collection agencies do not coerce a payment by embarrassing you.
When it comes to contacting a friend, here are answers to some common questions.
A collection agency cannot contact my friends at all, right? No, they can contact your friends. However, the FDCPA only allows a collection agency to contact a friend for a specific purpose. A collection agency can ask a friend for your contact information and confirm employment information.
Can they tell my friend why they need my contact information? No. A collection agency must make no mention that they need your information to contact you about a debt. Any direct or indirect references about your debt to a friend is a violation of the FDCPA.
Can a collection agency violate this requirement in other ways? Yes. If a debt collector calls and states the name of their company, they have violated the FDCPA. A collection agency should not offer their name unless the friend asks who is calling.
Are there any other restrictions on a collection agency contacting my friend? Yes. They cannot repeatedly call the same friend. They can only make one call per friend to request your contact information.
Privacy and the FDCPA
Privacy is an important aspect of the FDCPA. Without privacy, a collection agency could tell the world about your debt. This could result in lost jobs, rental opportunities and more.
A collection agency understands that you do not want your friends to know about your debts. Unfortunately, some debt collectors hope to embarrass you enough that you will rush to pay off the debt. However, privacy is paramount. The FDCPA understands this and that is why they place restrictions on a debt collector’s contact with your friends.
How to Respond if a Debt Collector Discusses Your Debt with a Friend
A collection agency has no business discussing your debt with one of your friends. If they do so, you can address the situation in any of the following ways:
- Put the Collection Agency on Notice. Demand a stop to the illegal behavior in writing and send it by certified mail. Keep a copy for your records in case you have to file a lawsuit.
- Notify a Federal Agency. You can send any complaints about a debt collector to the Consumer Financial Protection Bureau (CFPB). If the debt collector violated the FDCPA, you can also send a complaint to the Federal Trade Commission (FTC).
- File an FDCPA Claim in Court. A court can order a collection agency to pay statutory damages (up to $1,000), real damages and court costs. If the illegal calls to friends are ongoing they can order them to stop.
- Leverage the Violation for a Debt Settlement. Have proof of the violation? Consider asking the collection agency to settle your debt for a significant discount. They may do so to avoid legal issues.
Conclusion
No one wants to hear from a friend that a collection agency was calling about a debt they owe. This is embarrassing and, more importantly, a clear violation of the FDCPA.
When this happens you have options to stop them and receive compensation for their violations. If you have any additional questions about these types of violations, reach out to a consumer rights attorney. They can answer your questions and, if you want, help resolve the situation.
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