Personal Injury Lawyer
If you’re receiving calls from a debt collector you may be wondering if their communications are legal. Federal laws limit third party collectors on how and when they can reach you. That doesn’t mean they may not try to bend the rules. This article explores what to be on the lookout for and what’s within your rights.
When can debt collectors call me?
Debt collectors are forbidden from contacting you at inconvenient times. In general, before 8 a.m. and after 9 p.m. is off-limits. This may be different if you have permitted them to call outside of these hours. For example, if you work an overnight shift and sleep during the day you may allow them to call late at night.
How often can a debt collector call me?
Under the Fair Debt Collection Practices Act (FDCPA) third party debt collectors are limited on how and when they can approach debtors. The FDCPA prohibits a debt collector from engaging “in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.”
That being said, the FDCPA does not limit the exact number of calls you can receive. A debt collector may call you more than once, but something like say six calls per day may be too many. The factors of your particular case will affect this.
Can a debt collector call my employer?
Yes, but there are limits on what they can discuss.
A debt collector may find your employer on a credit report or through the original creditor. They may call your employer to verify employment, but cannot reveal they are a debt collector and pursuing you for collection.
Often debt collectors will only reach out to your employer if they cannot reach you.
Can they call me while I’m at work?
Yes, especially if that is the only number they have for you. If you are not allowed to take personal calls on your work number, inform them of the policy and they will no longer contact you there. However, if the collector does not have up to date contact information to reach you elsewhere they will continue to pursue all avenues to reach you.
Can a debt collector call my family and friends?
Yes, again under limited circumstances as with employers. Debt collectors can contact someone you know for the purpose of obtaining or correcting contact information to reach you. They may not identify themselves as a debt collector or inform the friend or family member that you owe a debt.
The debt collector may only call these people once unless he or she believes they were given incorrect or incomplete contact information for you.
Can a debt collector call me if I am being represented by an attorney?
In this case, the answer is no. By seeking legal representation and working with a debt collection attorney.