Having to deal with a debt collection agency can disrupt your life.
Just a simple letter asking for a return phone call can negatively impact your work performance, as well as cause dissension between you and your spouse.
When a third party debt collector contacts a friend, neighbor, family member or professional colleague regarding your debt, then your world turns upside down.
The shame and embarrassment triggered by a third party phone call can motivate you to do things you otherwise would not do.
Under a federal consumer protection law passed on September 20, 1977, a bill collector such as Debt Management Partner, LLC cannot contact a third party regarding your debt.
Referred to as the ultimate consumer Bill of Rights, the Fair Debt Collection Practices Act (FDCPA) clearly prohibits debt collection agencies from discussing your debt with anyone else.
In addition, the FDCPA makes it illegal for third party debt collectors to harass and intimidate consumers into taking care of outstanding credit card and personal loan accounts.
A bill collector is not allowed to threaten you, as well as repeatedly call you at home throughout the day.
When a Debt Collection Agency Can Contact a Third Party
The FDCPA and subsequent court rulings have created a few exceptions to the third party provision of the FDCPA.
One exception that is when a third party debt collector receives permission from you to discuss a delinquent credit card or personal loan account.
This usually happens when a spouse is informed about the debt owed by the other spouse.
Another reason for granting permission is to let a third party negotiate a debt settlement arrangement.
If you give a bill collector permission to contact a third party regarding your debt, make sure you get the arrangement in writing.
A debt collection agency might claim you gave the company permission over the phone to contact a third party.
Then, it will come down to your word against the word of the third party debt collector.
Examples of Third Party Provision Violations
According to the FDCPA, a bill collector like Debt Management Partners, LLC cannot contact a third party to discuss the balance owed on a credit card or a personal loan account.
The company is not permitted to mention any element of an outstanding debt that includes referring to the legal ramifications of you not paying off the debt in question.
Some companies use vague tactics to contact third parties.
For example, a debt collection agency might contact a relative and ask the question, “Did you know your grandson has fallen into debt.”
If a bill collector has contacted a third party regarding your debt, the best course of action is to immediately reach out to a state licensed FDCPA attorney.
The Value of Contacting an FDCPA Lawyer
Most bill collectors understand the legal consequences of violating one or more provisions of the FDCPA.
What they want most is for you not to understand your legal rights.
By speaking with an experienced consumer protection attorney who specializes in handling FDCPA cases, you let Debt Management Partners, LLC know that you are serious about protecting the rights granted by the FDCPA.
*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 Debt Management Partners, LLC, or any other third-party collection agency, you may not be entitled to compensation.