Who Can Collection Agencies Call?
A debt collection agency primarily works by phone to contact consumers. The majority of a collection agency's calls are directed toward the debtor, but in certain situations, collection agency representatives are legally allowed to call a third party.
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The Facts
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A collection agency may call a debtor at home or at his place of employment unless the debtor makes it clear to the debt collector he speaks with that being telephoned at work is inconvenient. Collection agencies may also occasionally call a third party.
Restricted Calling Times
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Regardless of whether a collection agency is calling a debtor or the debtor's family, it can only call between the hours of 8 a.m. and 9 p.m. in the individual's time zone.
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Reasons for Calling a Third Party
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The purpose of a debt collector calling someone other than the debtor is to successfully locate him. If the collection agency knows the debtor's current location and has a telephone number or address for the debtor, it may not make contact with anyone other than the individual that owes the debt.
What an Agency is Allowed to Discuss
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A debt collector can only legally discuss the debt over the telephone with the individual who owes the debt. The Fair Debt Collection Practices Act prohibits debt collectors from divulging any details of the debt -- or even the fact that an individual owes a debt -- to anyone other than the debtor.
Damages
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If a collection agency violates federal laws by repeatedly calling a third party or discussing any details of the debt with a third party, the debtor may file a lawsuit against the collection agency for damages within one year of the incident.
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References
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- Photo Credit Image by Flickr.com, courtesy of Jeff Keyzer
