- Lemberg Law
- FDCPA – Debt & Credit Complaints
- Debt Collection FAQ’s
- Is it Illegal for Debt Collectors to Call Family Members?
No. Debt collectors can call family members, but only to obtain your address and phone number. They may not reveal that they are a debt collector or indicate that you owe a debt.
Why is a debt collector calling my family?
Debt collectors call family members for a variety of reasons. They could simply be looking for your phone number or address, but the reason could be more nefarious. For example, debt collectors may try to get your family to pay the debt for you out of fear, concern, or empathy. Federal law not only recognizes the embarrassing nature of a debt collector revealing to your family and friends that you have an account in collection, but specifically prevents debt collectors from using this tactic to pressure you into paying them.
The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from engaging in actions that have the natural consequence of harassing, oppressing, or abusing you. It also specifically prohibits debt collectors from publicizing your debts, and this includes communications with your family. Section 805 of the FDCPA sets forth rules that debt collectors must abide by when communicating with third parties like family members or friends.
What is a debt collector allowed to say to my family?
The government recognizes a debt collector’s need to locate a consumer in order to collect on debt. To accommodate this need, the FDCPA allows debt collectors to call third parties. When they do, a debt collector:
- Must Identify himself.
- Can only ask where you live, what your phone number is, and where you work.
- Must identify his employer if asked.
- Cannot mention that you owe a debt.
- Can only contact your family member once unless they request that he calls back or if he reasonably believes that the family member has new information about your location.
- Cannot send a family member something in writing about your debt
However, if you previously gave the debt collect express permission to communicate with a family member about your debt, then they may do so. If there is a court judgment against you and contacting your family member about the judgment is reasonably necessary in order to enforce the judgment, the debt collector may do so. Furthermore, if a family member co-signed on your debt, then the rules of Section 805 do not apply to communications with that co-signer because they are not a third party; as a co-signer, this is actually their debt, too.
In cases where a family member misrepresented themselves to be the person who owes the debt and the debt collector unintentionally provided information about the debt to the family member based on this representation, courts have found that the collector did not violate the Act. (See Lovelace vs. Stephens & Michaels Assoc., Inc.)
Can I stop a collector from talking to my family?
If a debt collector’s calls to your family members do not violate the FDCPA—they have not revealed their identity as a debt collector, have not otherwise indicated that you owe a debt, are not calling continuously or repeatedly, and are not calling your family with the intent to harass, annoy, or embarrass you – then there are two things you can do to stop a debt collector from talking to your family:
- Send a cease and desist letter to the debt collection agency. The agency can then only contact you, and then only to let you know that they are no longer pursuing collection or that they are taking you to court.
- Engage a fair debt lawyer to represent you in suing the debt collector for FDCPA violations. The debt collector can then only contact your attorney.
It is not legal for a debt collector to contact a family member to intimidate or harass you.
If you believe that a debt collector has acted illegally in contacting your family members, you can sue the debt collection agency. You may be entitled to the following remedies:
- Actual damages.
- Statutory damages of up to $1,000.
- Court costs.
- Attorney fees.
If a debt collector has been hounding you, call 475-277-1600 or complete our online form for a free, no obligation case evaluation. Our attorneys have experience in fighting debt collectors and standing up for consumers.
Lovelace vs. Stephens & Michaels Assoc., Inc., 2007 WL 3333019, at *4 (E.D. Mich. Nov. 9, 2007)
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This collection agency has contacted my son from a different state, and I called them and they have been threatening my livelihood. I told them with rising inflation I am broke. They just didn’t care, he goes that’s not my problem. Can I sue this place for contacting my son?
A hospital collection agency has contacted me through text about both sons who are adults in regard to hospital bills. One son was wrongly billed, it was supposed to be paid by the employer but the collection agency is texting me, Mom, son is 27 fully employed and recently engaged. The other son is undergoing treatment and making payments 33 and they texted me I am Mom and son works for hubs since we have a family biz. Both are independent of us. Lastly they texted me and I havent been to the doc in about 10 years (no lectures please) recourse?
I am have been renting from a storage company for about three years. I have never had issues with them until now. A new manager took over and has been calling my sister who is listed as a reference and has left her voicemails with my information about my debt. I pay monthly and when I’m late -within the 30 days I am permitted I always pay late fees without hesitation. I called him about the problem and he was condescending and told me he would be calling everybody on that list until I paid. When I reminded him i still had till the end of the month and that I have never missed a month he hung up on me. I’m from Texas.
I am 66 years old and was just called by this company over an unknown matter concerning my long-deceased father with whom I have never engaged with in business or loans. It seems highly invasive that they can find my telephone number but not a death certificate.
GC Services keeps repeatedly calling my 85 year old grandfather after I asked them to stop because of his health. They are causing him stress & anxiety because they continue to call. Furthermore, I’m not even sure how they got his phone number to begin with!
Receiving calls regarding a credit card from 2013. They call me, my ex husband and people that I have not seen or spoke to in years stating that they will seek legal action and have a file number for me
Why is it legal for debt collectors to be calling me and my siblings during the workday about a family members’ debt where our connection is simply being related … we feel harassed and stressed. There MUST be some legal remedy, this is completely inappropriate.
I had a law firm contact my sister via cellular asking for me sayin I was being subpoenaed to go to court and left her a 800 number along with a 6 digit case number. When I called phone number to get a physical address they gave me a bogus address that wasnt affiliated with them it was a hotel in Pennsylvania.
I have these collectors who keep harassing me, my husband, my mother in law, my sister in law and who knows who else. We have advised them we are identity theft victims and to cease all communication, except through the mail and they keep calling several times per day.