Oftentimes, people want to know what their rights are when a debt collector is harassing them about a debt. However, what if the debt is not yours? The last thing you want to deal with is a debt collector, especially if you are not the one who owes money.
The Fair Debt Collection Practices Act (“FDCPA”) provides protections for you if you are receiving calls from a collection agency about someone else’s debt.
In this article, you can learn about your rights under the FDCPA when a collection agency calls you about another person’s debt.
Why is a Debt Collector Contacting Me?
It is not unusual to get a call from a debt collector, even if you do not owe a debt. Collection agencies, depending on size, may manage hundreds if not thousands of delinquent accounts. Whether it’s a similar name, wrong phone number or other reason, sometimes debt collectors simply have the wrong number.
In some cases, they may be trying to contact you to get the contact information of the debtor. However, when that is the case, the debt collection agency may not provide the nature of the call. That means they cannot give information about the debt or even identify themselves as a collection agency.
Is a Debt Collector Allowed to Call Me About Someone Else’s Debt?
The short answer is “yes” but there are restrictions in place as to how debt collectors can go about this. The FDCPA provides several different restrictions to prevent collection agencies from harassing you. For instance, debt collectors are only supposed to call you once if they are trying to get contact information for someone you know. The only caveat is if they have a reasonable belief that your initial response was wrong or incomplete and you now have the necessary information.
If you are getting calls about someone else’s debt, you have the following rights:
- Refuse to take a message. It is not your responsibility to provide information to a debt collector about someone else. If a debt collector asks you to do so, you are within your rights to reject this request. It is not your responsibility to help the debt collector resolve someone else’s debt.
- Ask Who They Are. You can ask a debt collector to identify themselves if they are contacting you and stating that you owe money. However, if they are just trying to obtain contact information for someone else they cannot identify themselves in a way that would confirm they are a debt collector.
- Ask them not to call back. If a debt collector knows they have the wrong number they cannot continue to call you. In addition, if they are trying to get contact information for another person and you ask them not to call you back they also must stop.
You can never be too cautious when a supposed debt collector contacts you. This is especially the case if you know that you do not owe them money. It may be that the person contacting you is not a debt collector but someone running a scam. You can protect your identity and finances by being cautious and not providing any personal information in these situations.
What Should I Do if a Debt Collector Keeps Calling?
The FDCPA provides protections to consumers and third-party individuals against unethical debt collectors However, if a debt collector continues to violate the FDCPA, you will want to save evidence of the fact. That means that it is essential that you keep records of any interaction you have had with the debt collector. This may include:
- Letters
- Voicemails
- Text messages
- Notes detailing calls or in-person visits
Whatever action you plan to take, you will want to have certain information. This includes the person and company that contacted you, what they said and any action you took to end communication. Keeping records of how many times and when they called may help if you bring a claim against the debt collector under the FDCPA.
With this evidence, you can determine your best course of action. Depending on the severity of the situation, you can consider
- Sending a formal cease and desist letter. This is a quick option that puts the debt collector on official written notice that they are no longer allowed to contact you.
- Submitting a complaint with the Federal Trade Commission (FTC) or Consumer Financial Protection Bureau (CFPB). Both the FTC and CFPB can assist consumers when dealing with violations of the FDCPA or other types of wrongful action by a debt collector.
- Filing a lawsuit. This may take a little more time but as soon as you hire an attorney to represent you, the debt collector can only contact them. A successful lawsuit can also result in monetary damages paid to you.
Another thing you may want to consider is to check your credit history. While you may be confident you do not owe any money, you may want to double-check. It’s important to confirm no one is using your identity or listed you as a cosigner to one of their debts.
Conclusion
A collection agency can violate your rights as a third party just as they might with the actual individual who owes the debt. If a debt collector continues to call you after you have asked them to stop, they have violated the FDCPA. This may happen if they wrongly believe you owe a debt or continue to seek information about another person.
If you continue to receive calls about someone else’s debt, contact a consumer rights attorney today. They will be able to inform you of your rights and assist you in stopping these debt collectors in their tracks.
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