When faced with financial difficulties and debt, one of the most stressful aspects for many individuals is the potential for debt collectors to contact their family members. Many people are concerned about the embarrassment or stress this might cause their loved ones and may be unsure about their rights.
Knowing the law and legal boundaries that dictate whether a debt collector can contact your family and how to protect your rights and privacy is necessary for these situations.
What does the law say?
According to the Fair Debt Collection Practices Act (FDCPA), which governs debt collection in the United States, debt collectors must follow set rules when trying to collect a debt. One of these rules is that a debt collector may not contact your family members, friends or neighbors to discuss your debt or try to collect it. However, there are some limited exceptions to this rule.
Exceptions to the rule
Debt collectors can contact third parties, including family members, to obtain information about your whereabouts. This is known as a “location information” request. In such cases, the debt collector must not reveal the nature of the debt, the amount owed or the fact that they are collecting a debt. Additionally, they are only allowed to contact each third party once unless they have reason to believe that the initial information provided was incorrect or incomplete.
How to protect your rights
Unfortunately, not all debt collectors follow these rules. If you believe your rights were violated, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) or your state’s attorney general’s office. You may also be able to sue the debt collector for damages, including emotional distress and invasion of privacy.
To protect your rights and privacy, being proactive when dealing with debt collectors is essential. Keep detailed records of their communications, including phone calls, letters and emails. If you believe a debt collector has contacted a family member in violation of the FDCPA, experienced legal guidance can help.