How and When a Debt Collector May Contact a Consumer
The FDCPA establishes guidelines for how debt collectors must conduct themselves in their attempts to collect debts.
- A debt collector may contact a consumer in person, by mail, by telephone, telgram or fax.
- A debt collector may contact a consumer between 8 a.m. and 9 p.m. at the consumers local time, unless the consumer asks to be contacted at another more convenient time. Call outside of convenient hours is the most common violation of the FDCPA.
- If an attorney represents a consumer, the debt collector must only communicate with the attorney, unless the consumer request otherwise.
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Collecting Location Information
- A debt collector may contact a debtor’s friends, relatives and neighbors to confirm correct location information.
- Location information includes the debtor’s address, telephone number and place of employment.
When confirming or correcting location information, the debt collector must follow these FDCPA rules;
- The collector must identify himself/herself and state the purpose of the call (i.e., to locate the debtor). The collector should not identify their employer unless asked to do so.
- The collector may not tell any third party, other than the debtors attorney, that the consumer owes money.
- The collector may not contact a debtors friends, relatives or neighbors to collect money-only to confirm or correct location information.
- The collector may not contact any third party more than once, unless he believes that an individual has additional information concerning location information or was asked to call back.
- The debt collector may not repeatedly call a debtor’s friends, relatives and neighbors. This is considered harassment.
A Written notice
With five days of first contacting the debtor, the debt collector must send the debtor a written notice with the following information:
- Amount of money owed
- Name of the creditor to whom the money is owed
- What action the consumer may take if the consumer believes they do not owe the money