Can a Debt Collector Contact Your Parents?
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General Rule: A debt collector can contact your parents to request your contact information. In some states, if you are a minor, they can also contact your parents to discuss your debt.
If you owe a debt that a collection agency is managing, they should contact you about it. Since the debt is your responsibility, there typically is no reason to contact other people like your parents.
However, you may find out that a collection agency illegally contacted your parents. If it happens to you, you can take action under the Fair Debt Collection Practices Act (FDCPA). This federal law has numerous regulations on how a collection agency can collect on a debt. This includes who they may contact.
If a collection agency contacts your parents, you must determine whether it is legal or not. This article will answer that question and provide resources to stop illegal communications with your parents.
Why Did a Debt Collector Contact My Parents?
In general, a collection agency must make every effort to keep your debt private. While there are a few exceptions (e.g., spouses), a collection agency should not reveal your debt to a parent. Often, a collection agency will take this illegal action to coerce a payment.
However, a collection agency can contact your parents for a couple of reasons. The primary reason for this contact is if the collection agency does not know how to get a hold of you. When this happens they will often reach out to a person’s parents and others to get your contact information. They also can do this to get your employer information.
When a collection agency calls your parents, they must limit their conversation to asking for your contact information. They cannot tell your parents that they need to contact you to talk about your debt.
They also cannot tell your parents that they are a collection agency. In fact, a collection agency should not provide your parents with the name of the company. This will indirectly inform your parents that they are calling about a debt. The only exception is if your parents ask the person for the name of the company.
A collection agency has one shot to call your parents for your contact information. Repeated calls for employer or contact information are a violation of the FDCPA. The one exception is if your parents provided inaccurate or incomplete information.
Note: Unlike other third parties, there is an additional exception in some states. If the person owing the debt is a minor, many states allow a collection agency to contact their parents. In this scenario, they are free to discuss the debt.
The FDCPA: Keeping Your Debt Private
With limited exceptions, it is the responsibility of the collection agency to keep your debt private. Unnecessarily telling a parent about a debt may cause great embarrassment. In addition, collection agencies have used this tactic to coerce a payment.
A broad goal of the FDCPA is to make sure the debt collection process is professional and fair. To meet this goal, the FDCPA must ensure that debt collectors do not disclose information to your parents and others about private debt matters.
Stopping Illegal Debt Communication with Your Parents
If a collection agency is illegally communicating with your parents, there are tools to stop them. Below are effective ways to stop this type of violation of the FDCPA.
- Make a Demand Directly with the Collection Agency. If you choose this option, make sure it is in writing. Also, send it by certified mail so you have proof of delivery.
- Submit a Consumer Complaint. You can do this with the Consumer Financial Protection Bureau (CFPB). In addition, consider filing another complaint to the Federal Trade Commission (FTC). This agency handles the enforcement of the FDCPA.
- File a Lawsuit for Violation of the FDCPA. Doing so can ensure that the collection agency stops calling your parents. If you win, a court may also order the debt collector to compensate you.
- Propose a Deeply Discounted Debt Settlement. If you have proof of your debt, this may be something you and the collection agency can agree on.
Conclusion
You now understand the limited situations in which a collection agency can contact your parents. If they call for any other reason or harass them, they violate the FDCPA.
Depending on the situation, both you and your parents may have a claim under the FDCPA. Consider explaining the situation to an FDCPA attorney. They can let you know if there is a violation and how to proceed with your case.
Additional Resources