When you have an unpaid debt, you may find yourself being pursued by a collection agency. In these cases, the Fair Debt Collection Practices Act, or FDCPA, applies to protect you from illegal collection tactics. The Act outlines what debt collectors can and cannot do when it comes to their attempt to collect on your debt.
7 Rules Applicable to Debt Collectors and Third Party Contact
While debt collectors typically cannot contact third parties and mention your debt, they may do so to obtain your contact information. When doing so, however, they are subject to strict limitations. The debt collector must do all of the following:
- State his name.
- State that he is calling to confirm contact information.
- Not reveal that you owe a debt.
- Not contact a third party more than once. An exception exists if the third party requests that the debt collector contact them at a future time, or if the collector believes that the third party’s earlier response was wrong or incomplete.
- Not communicate with a third party by postcard.
- Not use any words or symbols on the outside of an envelope that indicates he is trying to collect a debt. This includes the debt collector’s business logo or letterhead, if the letterhead or logo would make it obvious as to the true purpose of the letter.
- Not contact third parties for location information if he becomes aware that you are now represented by an attorney.
If a debt collector is making inappropriate or illegal contact with a third party with regard to your debt, it is important to take action to protect your legal rights. We are here to help. We encourage you to contact us today at 804-282-7900.