Debt collectors frequently call the wrong person to collect a debt.
If you are getting debt collection calls or robocalls for someone else, here is what you need to know.
Fair Debt Collection Practices Act
Debt Collection of Bankruptcy Debts
Debt collectors cannot collect debts that have been discharged in bankruptcy. In fact, once a bankruptcy petition is filed, all debt collection must stop.
As noted in this recent New York Times article, however, a number of creditors and debt buyers are allegedly attempting to collect on discharged debts.
Autodialed Debt Collector Calls to Your Cellphone
Debt collectors are regulated in how they can collect debts from consumers. Collection calls to a cellphone are regulated under the Telephone Consumer Protection Act (TCPA).
If you are receiving calls from a debt collector on your cellphone, here is what you need to know.
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Debts, the Deceased, and Debt Collectors Calling Family Members
The Fair Debt Collection Practices Act (FDPCA) regulates how debt collectors can act when they are collecting debts from consumers.
A rapidly developing area of debt collection is collecting debts of a deceased individual.
This frequently leads to debt collectors contacting a consumer’s family and friends. If you are being contacted, it’s important to understand your rights against debt collectors.
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Harassed by Debt Collectors: Know Your Rights
For a variety of reasons, consumers frequently find themselves contacted by debt collectors.
Maybe there was a family emergency, a spouse lost their job, or a debt collector is calling trying to locate someone else.
Regardless of why a debt collector is calling, it’s important for consumers to understand their rights against debt collectors.
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Robocalls, Automated Messages, and The Telephone Consumer Protection Act (TCPA)
The FDCPA regulates what debt collectors can and cannot do in their attempts to collect a debt.
Among other no-no’s, debt collectors cannot call you at work once they know it’s inconvenient, debt collectors cannot reveal your debt to third parties, and cannot mislead you about debts past the statute of limitations.
The FDCPA also prohibits excessive phone calls. And if you receive calls to your cellphone, the Telephone Consumer Protection Act provides additional protection.
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