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Author: Sergei Lemberg
Do Collection Agencies Need to Speak Spanish?
![Collection Agency Language Use]()
General Rule: No, a collection agency is not required to speak in Spanish. However, the Consumer Financial Protection Bureau (CFPB) provides ways to assist the Spanish-speaking community.
A collection agency has the job of collecting on a past-due debt. In doing so, they must follow certain requirements of the Fair Debt Collection Practices Act (FDCPA) and other laws.
A primary focus of the FDCPA is how a collection agency communicates with the consumer. The communication requirements of the FDCPA include when they can call you, what they must say and how they can talk to you.
However, does a collection agency have any obligation to speak Spanish if that is a consumer’s primary language? Is there anything else collection agencies must do to make the debt collection process easier for Spanish-speaking consumers?
This article will help you understand any requirements or guidelines for Spanish-speaking consumers. Also, you will learn how you can address any communication barrier with a collection agency.
Requirements for Spanish-Speaking Consumers
A collection agency does not have a legal obligation to speak to a consumer in any language other than English. While it may be beneficial for a collection agency, it is not a requirement.
Despite no requirements, the CFPB provides some guidelines for assisting consumers that primarily speak Spanish. One way the CFPB assists consumers and collection agencies alike is by providing a list of required disclosures in Spanish. Using these disclosures ensures a Spanish-speaking consumer understands their rights and responsibilities.
In the CFPB’s regulations, they also recommend that collection agencies provide validation notices in Spanish. This would be very helpful since the validation notice contains essential information about one’s debt. This includes the amount they owe, the creditor and how to dispute their debt.
The FDCPA Still Applies
While there are no explicit requirements for Spanish-speaking consumers, the FDCPA still applies. A collection agency that uses a person’s limited use of the English language to take advantage of them violates the FDCPA.
A debt collector must do their best to communicate honestly and transparently with all consumers. In addition, they still have a responsibility to avoid the following:
➜ Deception. A collection agency cannot use a person’s limited understanding of English to deceive them into paying more than they owe.
➜ Harassment. A debt collector is not free to use profane language just because the other person does not understand it. If a collection agency uses this language to harass, it is a violation of the FDCPA.
➜ Publicizing Your Debt. All consumers have the right to keep their debt private.
What Can You Do?
If you or someone you love is having trouble communicating with a collection agency, you have a couple of options. First, you can start by asking if they have any Spanish-speaking representatives available.
If they do not, another option is to hire an attorney to represent you. An attorney can ensure that a collection agency is providing you with the correct information and not violating the FDCPA. If there is a violation, an attorney can take additional action on your behalf. This includes the following:
- Speak on Your Behalf to the Collection Agency. This may help when disputing a debt, during negotiations or putting them on notice about a violation.
- Assist with Reporting a Collection Agency to a Federal Agency. They can help you submit a complaint to the Federal Trade Commission (FTC) for FDCPA violations. They can also submit a general complaint to the Consumer Financial Protection Bureau (CFPB).
- File a Lawsuit Against a Collection Agency. An attorney can also assist you if you need to file a lawsuit against a collection agency. They can ensure that the court addresses all violations.
Conclusion
Unfortunately, a collection agency is not required to provide individuals who can speak to you in Spanish. However, the CFPB provides resources to assist Spanish-speaking consumers during the debt collection process.
In addition, a collection agency cannot use a person’s limited ability to speak English to take advantage of them. If they do so they violate the FDCPA. If you are looking for assistance for you or a loved one who speaks Spanish, consider contacting a consumer rights attorney. They can assist you in addressing any debt collection situation.
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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