Debt Collection And Privacy
April 15, 2010 by Mallory McGuinness-Hickey
Filed under Business
It is imperitive that debt collectors respect your privacy. According to the Fair Debt Collection Practice Act, collection agencies cannot exchange information about debtors. They can’t send out a list of people who owe money to its creditor subscribers. They cannot advertise a debt for sale, or compile a list of debtors to its creditor subscribers.
They cannot advertise a debt for the use of sale, or make a list of debtors for sale to others. They are prohibited from leaving messages with third parties asking the debtor to call them. The exterior of envelopes sent by collections agents cannot indicate the purpose of the letter in any way. Postcards are never allowed.
A collector is permitted to send mail in care of another person only if you reside at that address or if you get your mail at that address. If you share your address with others the mail should be labeled “personal” or private. The letter essentially can’t give any appearance alluding to the fact that it is a collections bill.
A collections agent that knows your name and telephone number and therefore can contact you directly is not allowed to contact your neighbors or family. If they can’t find you and they do call your family members or neighbors, the collector must identify themselves by name but not mention the fact that they are a debt collector.
They can’t tell others you owe money or speak to them about account details. They cannot contact the person more than once, can’t leave information about a the money on another person’s voicemail and they have to disclose the name of the collection agency but only if asked.
If you are being contacted by a collector looking for your former roommate, relative or neighbor, the Fair Debt Collection Practice Act says a collector can only be in contact with you to find the location of the person who owes the money. Only if the collector believes you have new information can they be in touch again. If a collector contacts you repeatedly about a third party that can be considered harassment and you can file a complaint.
Mallory McGuinness-Hickey is employed by Rapid Recovery Solution and writes free lance articles on debt collection and finances.
