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Author: Sergei Lemberg
Can a Debt Collector Tell Others About Your Debt?
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General Rule: No, with limited exceptions, collection agencies cannot disclose your debt to a third party.
Owing a debt is a personal and private matter. It is your right to keep that information to yourself. So is there anything you can do if a debt collector is telling other people about your debt?
The Fair Debt Collection Practices Act (FDCPA) protects against various forms of harassment and abuse. This includes when a collection agency tells other people about your debt.
Below is information detailing when it is illegal for a collection agency to disclose your debt to others. In addition, you will learn specific ways you can put a stop to this type of harassing behavior.
A Collection Agency is Talking to Others About My Debt
Whether intentional or not, sometimes a collection agency discusses your debt with a third party. This could be a friend, family member or co-worker. This causes embarrassment for most people if someone they know learns they are struggling with a debt.
As a result, the FDCPA largely prohibits third-party communication about a debt. A debt collector violates this prohibition if they make a direct statement about your debt to a third party. It is also a violation if they publicize your debt, such as listing you on a “debtor’s list.”
There are a few exceptions to this rule. A debt collector can disclose your debt in the following circumstances:
- You gave prior consent directly to the collection agency
- By permission of a court to reasonably execute a judgment
- Communication with your attorney
- Standard reporting to a Consumer Reporting Agency
Note: Depending on the state, there may be some additional exceptions such as your spouse, co-signer and guardian. Most states also allow a collection agency to contact your parents if you are a minor.
The FDCPA and the Publicizing of Debt: Prohibitions on Harassment
The FDCPA provides broad protections against harassment. One of these protections is to ensure that collection agencies do not embarrass you by telling others about your debt. While consumers should strive to pay their debts, a collection agency should not coerce or embarrass them into doing so.
This prohibition against telling others about your debt is part of a broader protection. Broadly speaking, the FDCPA protects against different forms of harassment. This includes excessive phone calls, threats and other abusive behavior.
What Should I Do if a Collection Agency Told Others About My Debt?
You can put a stop to a collection agency if they are telling others about your debt. Consider the below options if a collection agency is revealing your debt information to a third party:
- Send a cease-and-desist letter. A collection agency is not aware of what each of their employees is doing. Notify them of the illegal behavior by sending a cease-and-desist letter. If a collection agency receives this letter they must end all types of communication.
- Report the Debt Collector to a Federal Agency. The Consumer Financial Protection Bureau (CFPB) handles general consumer matters. You can send them a complaint about a collection agency’s illegal behavior. You can also submit a complaint to the Federal Trade Commission (FTC). This federal agency oversees the FDCPA.
- Sue the Debt Collector. You can file a lawsuit to stop a collection agency from telling others about your debt. A court may also award you damages and court costs. Consider having a licensed attorney represent you to ensure your lawsuit is successful.
- Consider Settling Your Debt. If you have a larger debt, now may be a good time to negotiate a settlement. A collection agency may provide a greater discount to avoid a lawsuit.
If you are dealing with a debt you do not owe, there is additional time-sensitive action you need to take. Make sure to dispute the debt within 30 days of receiving formal notice of the debt from the collection agency.
Conclusion
Your debt is a private matter and you have a right to keep it that way. A collection agency has no right to embarrass you by telling others about your debt.
If you find out a collection agency is discussing your debt with others, you have a legal right to stop them. If you have specific questions about your case, you can discuss your situation with a consumer rights attorney. Their expertise can help you in ending this harassing conduct.
Additional Resources
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.
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