Saturday, February 20, 2010

Can Collection Agencies Leave a Recorded Message With a Client's Name at Their Place of Work?

Can Collection Agencies Leave a Recorded Message With a Client's Name at Their Place of Work?

Collection agencies must follow several guidelines when they communicate with individuals or third parties in an effort to collect a debt. Most importantly, they are not allowed to engage in any act that violates an individual's privacy, which would prohibit leaving revealing recorded messages at a workplace.

Significance

    According to the Federal Trade Commission (FTC), the government agency that implements the Fair Debt Collection Practices Act (FDCPA), it is against the law for collection agencies to use abusive, unfair, or deceptive practices to collect from individuals. Under the FDCPA, collection agencies are allowed to contact a third party once and only in order to obtain an individual's contact information. Attempts to contact an individual at work can also be made, but only with the individual's permission.

Types

    The FDCPA offers protection to consumers with certain types of personal debt. This includes credit cards, car loans and mortgages.

Considerations

    Although collection agencies may request an individual's contact information from a third party, sharing information about the collection account with the public is prohibited under the FDCPA. This includes leaving a recorded message at an individual's workplace or with any third party that informs them of the debt or the collection account's details.

Solution

    To prevent collection calls at work, consumers can simply inform the collector that they cannot contact them at work. The FTC also recommends that consumers send a certified letter (return receipt requested) to the collection agency with their demand to cease all future contact.

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