Debt Collector Contacts with Third Parties

08 Oct Debt Collector Contacts with Third Parties

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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