Has a Debt Collector or Creditor Called Your Family, Friends, or References Without Your Permission?

A DEBT COLLECTOR OR CREDITOR MAY ONLY CONTACT THIRD PARTIES UNDER LIMITED CIRCUMSTANCES.

Has a debt collector or creditor called your family, friends, or references without your permission?

The FDCPA and RFDCPA allow a debt collector or creditor to call your friends, family, or references only if they are unable to locate you and only to verify or correct information such as your address and telephone number. Your spouse, however, may be contacted under the same rules that apply to a collector’s contact with you.

The collector may only contact another third party once, unless the third party gives permission to be contacted again, or the collector believes information provided was incorrect or outdated and your friend, family member, or reference now has new information available. When contacting third parties, the debt collector may not, unless specifically asked, reveal the name of the agency for which they are collecting or the fact that you owe any money.

Common Scenarios

A creditor or debt collector contacts your former spouse, asking for your telephone number or address. Debt collectors do this, hoping to find a cooperative ally in locating you. Collectors also commonly contact parents, credit application references, and employers, or anyone whose contact information you may have given on the credit application. These calls can become harassing enough to the third party that they eventually disclose information about you, which is what the creditor is hoping they will do.

If a debt collector has been repeatedly contacting or discussing your debt with any person other than your current spouse, please contact our office for a free, no-obligation consultation at 800-219-3577.