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Author: Sergei Lemberg
Can Debt Collectors Call Family Members?
![Debt Collectors Call Family Members]()
General Rule: Yes, however, they can only call for the limited purpose of obtaining your contact information.
When an account becomes past due it is often the responsibility of a third-party debt collector to secure payment on the debt. If you owe a debt to a third-party debt collector, there are certain things they can do and others that are illegal. However, it may catch you off guard to find out that a collection agency has contacted a family member or friend.
If a debt collector calls a family member, your first reaction is likely to question whether this is legal or not. While the Fair Debt Collection Practices Act (FDCPA) does not prohibit calls to family members, there are certain limitations.
In the below sections, you will learn what a debt collector can say to a family member and how often they can contact them. In addition, you will learn how you can stop a debt collector from continuing to call a family member.
Note: The regulations below apply to third-party debt collectors. The FDCPA does not enforce these requirements on the original creditor.
What Can They Say to Family Members and Friends?
Debt collectors may call family members and friends. That being said, they can only do so for specific information. Namely, they can contact a family member or friend to locate you or get your contact information. For example, they can ask for your phone number, home address or email.
It is important to note that when they contact these individuals, they must not make any reference to your debt. This includes direct statements or even vague references (e.g., “I need to discuss their student loan options.”)
They also cannot identify themselves as a collection agency which would indirectly reveal that you owe a debt. They should identify themselves individually. However, they should not provide their employer’s name unless requested. If the third party asks why they need your contact information, they cannot reveal the reason.
There are also other restrictions when a collection agency contacts a third party. They cannot harass or threaten the third party in any way. A collection agency is also forbidden from leaving a message with a third party or asking them to relay information to you.
Finally, a collection agency can never request payment from a family member or friend. This type of request is a violation of the FDCPA.
How Often Can They Call Family Members?
While a debt collector is free to contact a family member, friend or neighbor, there are limitations. The general rule is that a collection agency may only contact a person one time.
However, there are two exceptions. First, a collection agency can contact a third party again if that person requests you to do so. Secondly, they can call again if there is a reasonable belief the person has additional information about how to contact you.
Note: Under the Telephone Consumer Protection Act (TCPA) debt collectors also cannot make robocalls to a third party.
How Can I Stop Them From Calling My Family?
You have options to stop a collection agency from contacting a family member or other third party. Consider the following options:
- Contact the Collection Agency. If a collection agency can get a hold of you, they no longer need to contact a third party. Once they establish contact with you, it is illegal for them to contact a family member.
- Sending a Cease-and-desist Letter. You can send this letter to a collection agency to stop various types of communication. In this particular situation, you can demand that they stop contacting third parties related to your debt.
- Submit a Complaint with a Federal Agency. One option is to submit a general consumer complaint to the Consumer Financial Protection Bureau (CFPB). You can also submit a complaint to the Federal Trade Commission (FTC). They are responsible for the enforcement of the FDCPA.
- Discuss Settlement Options. Some collection agencies may agree to a favorable debt settlement to avoid dealing with a violation in court.
- Hire an Attorney. Once an attorney represents you, all communication must go through them. You can also have the attorney file a lawsuit. If you win, a collection agency may have to pay you statutory damages (up to $1,000 under the FDCPA). They may also have to pay you for your losses, court costs and attorney fees.
Conclusion
If a collection agency is contacting family members and friends, make sure they are not breaking the law. If they are, you can put an end to these illegal calls.
Contact a consumer rights attorney if you need additional advice on addressing this type of situation. Their experience can assist you in quickly putting an end to this illegal behavior.
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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