Debt Collector Contacts with Third Parties
By Nicholas Ortiz, Boston Bankruptcy Attorney on Oct 8, 2007 in General Bankruptcy Information
The Fair Debt Collection Practices Act (”FDCPA”), 15 U.S.C. 1692c(b), only allows a debt collector to contact third parties in very limited circumstances. If a debt collector contacts someone other than you about a debt you are alleged to owe, you may have a good case under the FDCPA. The circumstances when a debt collector can contact someone other than the consumer or his or her spouse are when: (1) a consumer gives consent to the debt collector to make the contact; (2) a court gives the debt collector permission to make the contact; (3) the contact is reasonably necessary to effectuate a postjudgment judicial remedy; or (4) the contact is to acquire location information. The last two exceptions will be the subject of subsequent posts. However, note that a debt collector may also communicate with a consumer’s attorney, a consumer reporting agency if permitted under the FCRA, the creditor, the attorney of the creditor, and the attorney of the debt collector.
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