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Author: Sergei Lemberg
Can a Debt Collector Call My Boss?
![Debt Collector Calling My Boss]()
General Rule: Yes. A debt collector can contact your employer to verify your employment and request your contact information.
When a creditor hands over a debt to a collection agency it’s their job to collect on the debt. In doing so, collection agencies often resort to various tactics to get you to make a payment. Some of the actions they take are lawful while others are not. Understanding the difference between legal and illegal action is essential.
Sometimes, and for various reasons, a collection agency may try to contact your employer. You may ask, can a collection agency contact my employer? The answer is, it depends.
Under the Fair Debt Collection Practices Act (FDCPA), a collection agency can contact your employer under certain circumstances. However, there are also situations when calling an employer is illegal.
Read on to understand when a debt collector can contact your employer and what they may discuss. This article also provides effective options to stop collection agencies from illegally contacting your employer.
What Can They Say To My Employer?
The FDCPA regulates third-party debt collectors. Under the FDCPA, a debt collector can contact your employer. However, a debt collector may contact them only for certain limited reasons.
Note: This does not apply to the original creditor. They do not have any restrictions on calling your employer under the FDCPA.
First, it’s important to know how often a collection agency can contact your employer. A collection agency cannot contact your employer repeatedly. They may contact them only one time.
There are only two exceptions to this rule. First, they can call again if the employer gives them permission to do so. They can also call again if there is a reasonable belief that another call would yield additional necessary information.
There are two reasons that a collection agency may contact your employer. The first is to verify your employment with the company. The second, like family members and friends, is to get your contact information. This can include your phone number, home address and email.
A debt collector cannot call an employer to embarrass you or get you to make a payment. They also cannot contact your employer to garnish your wages before there is a judgment. This task is the job of the court after a collection agency receives a judgment. Besides requesting your contact information or employment verification, it is illegal for a collection agency to call your employer.
Sometimes a collection agency may call your employer to get in touch with you. If you cannot receive calls at work and you notify them of this fact they must stop calling you at this location. Continued calls to your place of employment are a violation of the FDCPA.
Broadly speaking, a collection agency can only discuss your debt with three people. Those people are yourself, your spouse and an attorney if they represent you regarding the debt.
How Can I Stop Calls to My Employer?
If a collection agency is calling your employer multiple times or revealing information about your debt, you can stop them. Here are some options to stop calls from a collection agency to your employer:
- Demand the communications stop with the collection agency. Your starting point is likely to contact the collection agency and demand they stop all communication. You can do this by sending them a cease-and-desist letter.
- Notify a Federal Agency. You can submit a general complaint to the Consumer Financial Protection Bureau (CFPB). In addition, consider notifying the Federal Trade Commission (FTC). This federal agency has the task of enforcing the FDCPA.
- File a Lawsuit. This option can not only stop the illegal action but compensate you as well. A violation of the FDCPA results in statutory damages of up to $1,000. There may also be additional damages and court costs the court requires them to pay. If you choose this action, it is highly recommended to hire an experienced attorney to represent you.
Note: Once you hire an attorney, the collection agency must direct all communication through them. That means they should no longer call your employer or you.
- Discuss a Potential Settlement. If you have proof of a violation you have another alternative to filing a lawsuit. You can discuss a potential settlement instead. This may be a benefit for both you and the collection agency.
Conclusion
At this point, you should be able to identify when a collection agency’s call to an employer is violating your rights. Whether they are making repeated calls or revealing information about your debt, they are violating the law. When this happens, you now have the tools to end this illegal behavior.
If you would like legal assistance, consider contacting an attorney who specializes in these types of cases. They can quickly put a stop to illegal calls to your employer and other abusive conduct.
About the author:
Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.
See more posts from Sergei Lemberg