Q When and How Are Creditors Allowed to Call My Friends and Family?
A creditor may only contact your friends and family as a means to determine your contact information, like your phone number, address, and employer. So if a creditor already knows how to reach you, they can't call your friends and family as a means to shame you into paying a debt.
Further, a creditor may repeatedly call family and friends. This is considered harassment.
According to the Fair Debt Collection Practices Act, the creditor must identify him or herself when contacting your friends, family, or others to know your contact information. The creditor isn't allowed to reveal that you owe a debt. They also can't continue to make contact unless there's reason to suspect an incomplete response.
When calling a third-party, creditors aren't allowed to reveal or discuss any details of the debt. They're also not permitted to leave a message asking you to call them.
A creditor may contact a spouse, co-signer, executor, parent, or guardian if the debtor is a minor, because this is considered the same as contacting the debtor.
All of these rules are meant to protect your privacy. However, as our bankruptcy lawyers in Kansas City can attest, creditors don't always follow the law. When they harass you or speak unlawfully to your family members, they assume you aren't familiar with your rights.
If a creditor continues to make calls to your friends and family, despite knowing your contact information, it is in violation of the FDCPA. Keep a log of each call and file a complaint with the Federal Trade Commission as well as the Consumer Financial Protection Bureau.
And remember, bankruptcy is often the best way to put a stop to all creditor phone calls. We are here to help. Contact us today at 816-842-6200 to discuss your case for free, or email us to schedule your free consultation.