Can a Debt Collector Contact You at Work Under the FDCPA?

Understanding Your Rights When Debt Collectors Call You at Work

Debt collection calls are stressful under any circumstances, but when these calls come to your place of employment, you may be worried about your privacy and the impact it could have on your career and reputation. The Fair Debt Collection Practices Act (FDCPA) is a federal law initially enacted by President Jimmy Carter in 1977. It has been updated over the years to ensure it reflects the most current practices and continues to protect consumers. 

The FDCPA outlines what measures creditors can take to attempt to collect on a debt, including how they communicate with you. Knowing your rights when debt collectors are calling can help you stay in control of the situation and know when it’s time to take legal action. 

Can a Debt Collector Call Me at Work?

Debt collectors are legally allowed to contact you at work, with one major caveat. As soon as you let them know you are not allowed to receive personal calls at work, they must stop. While verbally telling a debt collector this does count, it’s best to provide written notice so you have a paper trail if they don’t comply. If the debt collector continues to try to contact you at work after you’ve told them to stop, it’s a violation of the Fair Debt Collection Practices Act, and you can pursue legal action. Debt collectors are also barred from contacting you at a work email unless you have given them express permission to do so, such as using the email to reach out to them or providing it as a contact point over the phone.

When and Where Is a Debt Collector Allowed to Contact Me?

The Fair Debt Collection Practices Act outlines specific rules for when and how debt collectors can contact you. For example, they generally can’t call you outside of the hours of 8 a.m. to 9 p.m. in your timezone unless you’ve expressly told them they can, such as if you work nights. Debt collectors are also not allowed to call you more than seven times in a one-week period. If they are actually able to speak with you, they must wait seven days before calling again about that debt. 

Debt collectors may also get in touch with you via email, text messaging, or social media apps. While these are all technically allowed, debt collectors must stop using these methods if you tell them to. They must also always refrain from using any threatening or harassing tactics, such as using profanity or lying to you about who they are or what you owe.

Can a Debt Collector Contact Other People?

Debt collectors are not allowed to discuss your debts with anyone other than you, your spouse, or an attorney you have retained for that purpose. However, debt collectors can reach out to family members, friends, or others to attempt to locate you. They aren’t allowed to identify themselves as debt collectors, but they can ask for your address, phone number, or place of employment. A debt collector can only contact someone you know one time. 

What Information Is a Debt Collector Required to Give Me?

Debt collectors aren’t allowed to lie to you, and they must provide specific information when they call to validate the debt. This includes the collector’s name and address, the name of the lender you owe the debt to, the amount of the debt, and what debt collection rights you have. The debt collector must also specify how the debt amount breaks down, such as the initial principal, as well as any interests, payments made, or fees applied. All of this must be provided either at the debt collector’s first communication with you, whether that’s on the phone or through a letter in the mail, or within five days of the first contact they have with you.

How Can I Get Debt Collectors to Stop Calling?

If you want to stop collection calls, you can simply request that they stop calling you. It can help to provide this request in writing through certified mail or by fax so that you get a receipt that they received your letter. If you are represented by an attorney, the debt collector must only communicate with your attorney as soon as they are made aware, which can also stop debt collection calls. 

What Happens If a Debt Collector Violates the Fair Debt Collection Practices Act?

Many people aren’t aware that they can take legal action against debt collectors for unfair debt collection practices. If a debt collector violates the Fair Debt Collection Practices Act, you can file a lawsuit against them and potentially win a judgment for statutory damages, any actual damages, and your attorney fees. You can also file a complaint with the California Attorney General or the Federal Trade Commission (FTC). Just because you owe a debt doesn’t mean that a debt collector should be able to break the law to try to contact you or collect payment on that debt. Understanding your rights as a consumer and working with an attorney can help you hold debt collectors accountable for FDCPA violations.

If debt collectors are calling you at work after you’ve told them not to or are otherwise harassing you in violation of the Fair Debt Collection Practices Act, the team at Khosroabadi & Hill, APC, can help you take back control of the situation. Call (858) 240-2093 to schedule a free consultation with one of our consumer protection attorneys at our San Diego office.