FDCPA & Employers Receiving Debt Collection Calls for Employees

14 Sep FDCPA & Employers Receiving Debt Collection Calls for Employees

Recently, our firm received a question from an individual/employer.  The question was as follows:  “My company gets calls from collectors for employees all the time. They will hardly ever identify themselves, but I have one company in particular who calls all the time. I have a log and their company name and address. Is that enough to turn in to the State Attorney General?”

The state attorney general may pursue the debt collector but this may be a case that falls under Section 1692d of the Fair Debt Collection Practices Act.  Section 1692d states “A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.”  Arguably this individual/company owner falls in to the definition of any person.  The protections of Section 1692d are not limited to consumer or debt.  They are open to any person and that may include employers, creditors, relatives, friends, and neighbors affected by violations connected with consumer transactions.

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