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Can Debt Collectors Call Your Family?
by
JG Wentworth
•
August 21, 2024
•
8 min
As if dealing with debt wasn’t bad enough, having your family dragged into your financial woes can be a stressful situation even worse. Dealing with debt collectors can not only feel invasive, but actually be invasive legally. This article will explore the legalities surrounding debt collection practices, specifically focusing on whether debt collectors can call your family, and what you can do if this occurs.
The Fair Debt Collection Practices Act (FDCPA)
To understand the rules governing debt collection practices, it’s essential to familiarize yourself with the Fair Debt Collection Practices Act (FDCPA). This federal law, enacted in 1977, sets guidelines for how debt collectors can behave when attempting to collect a debt.
Key provisions of the FDCPA include:
- Prohibiting harassment and abuse
- Limiting when and how often debt collectors can contact you
- Requiring debt collectors to provide certain information about the debt
- Giving consumers the right to dispute debts and request verification
Can debt collectors legally contact your family?
The short answer is: Yes, but with significant restrictions.
Under the FDCPA, debt collectors are allowed to contact third parties, including family members, but only under specific circumstances:
- Location information: Debt collectors can contact family members to obtain or confirm your location information, such as your address, phone number, or place of employment.
- Limited communication: When contacting a family member, the debt collector is generally only allowed to do so once, unless they believe the information provided was incorrect or incomplete.
- Consent: If you’ve given the debt collector permission to contact certain family members, they may do so within the bounds of that permission.
- Legal representatives: If a family member is your attorney, guardian, or has power of attorney, debt collectors may communicate with them about your debt.
What debt collectors cannot do
While debt collectors have some leeway in contacting family members, there are strict rules about what they cannot do:
- Harassment: They cannot harass, threaten, or use abusive language with your family members.
- Repeated calls: They cannot repeatedly call your family members to annoy or harass them.
- False statements: They cannot make false statements or misrepresent themselves to your family.
- Sharing debt information: They cannot reveal to your family that you owe a debt or discuss any details of your debt.
- Seeking payment: They cannot ask your family members to pay your debt or pressure them to reveal your whereabouts if they don’t know.
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What to do if debt collectors call your family
If a debt collector has contacted your family members about your debt, here are steps you can take:
- Document the incidents: Ask your family members to keep detailed records of any calls or contacts from debt collectors. Note dates, times, names of callers, and what was said during the conversation.
- Inform the debt collector: Send a written request to the debt collector asking them to cease communication with your family members. If you have an attorney, inform the debt collector and provide your attorney’s contact information.
- Cease and desist letter: Send a formal cease and desist letter to the debt collector, demanding they stop all communication with you and your family.
- Opt for written communication: Request that all future communication from the debt collector be in writing.
- Know the statute of limitations: Be aware of the statute of limitations on your debt in your state, as debt collectors cannot sue you for time-barred debts.
- Be cautious with information: Never provide personal or financial information to debt collectors without verifying their identity and the debt’s validity.
- File a complaint: If the debt collector violates the FDCPA, file a complaint with:
- Your state’s Attorney General’s office
The bottom line
While debt collectors can contact your family members under certain circumstances, they must adhere to strict guidelines set by the FDCPA. Understanding your rights and the limitations placed on debt collectors is crucial in protecting yourself and your family from harassment or unfair practices.
If debt collectors overstep their boundaries by inappropriately contacting your family, take prompt action. Document the incidents, inform the debt collector of any violations, and don’t hesitate to file complaints with relevant authorities or seek legal advice if necessary.
Want to stop dealing with debt collectors?
Of course, the best way to get rid of debt collectors is to get rid of your debt. If you have $10,000 or more in unsecured debt, there’s a good chance you’ll qualify for the JG Wentworth Debt Relief Program.* We’ve helped countless individuals in your shoes. Some of our program perks include:
- One monthly program payment
- We negotiate on your behalf
- Average debt resolution in as little as 48-60 months
- 24/7 support
- We only get paid when we settle your debt
If you think you qualify for our program, give us a call today so we can go over the best options for your specific financial needs. Why go it alone when you can have a dedicated team on your side?
About the author
This information is provided for educational and informational purposes only. Such information or materials do not constitute and are not intended to provide legal, accounting, or tax advice and should not be relied on in that respect. We suggest that You consult an attorney, accountant, and/or financial advisor to answer any financial or legal questions.
* Program length varies depending on individual situation. Programs are between 24 and 60 months in length. Clients who are able to stay with the program and get all their debt settled realize approximate savings of 43% before our 25% program fee. This is a Debt resolution program provided by JGW Debt Settlement, LLC (“JGW” of “Us”)). JGW offers this program in the following states: AL, AK, AZ, AR, CA, CO, FL, ID, IN, IA, KY, LA, MD, MA, MI, MS, MO, MT, NE, NM, NV, NY, NC, OK, PA, SD, TN, TX, UT, VA, DC, and WI. If a consumer residing in CT, GA, HI, IL, KS, ME, NH, NJ, OH, RI, SC and VT contacts Us we may connect them with a law firm that provides debt resolution services in their state. JGW is licensed/registered to provide debt resolution services in states where licensing/registration is required.
Debt resolution program results will vary by individual situation. As such, debt resolution services are not appropriate for everyone. Not all debts are eligible for enrollment. Not all individuals who enroll complete our program for various reasons, including their ability to save sufficient funds. Savings resulting from successful negotiations may result in tax consequences, please consult with a tax professional regarding these consequences. The use of the debt settlement services and the failure to make payments to creditors: (1) Will likely adversely affect your creditworthiness (credit rating/credit score) and make it harder to obtain credit; (2) May result in your being subject to collections or being sued by creditors or debt collectors; and (3) May increase the amount of money you owe due to the accrual of fees and interest by creditors or debt collectors. Failure to pay your monthly bills in a timely manner will result in increased balances and will harm your credit rating. Not all creditors will agree to reduce principal balance, and they may pursue collection, including lawsuits. JGW’s fees are calculated based on a percentage of the debt enrolled in the program. Read and understand the program agreement prior to enrollment.
JG Wentworth does not pay or assume any debts or provide legal, financial, tax advice, or credit repair services. You should consult with independent professionals for such advice or services. Please consult with a bankruptcy attorney for information on bankruptcy.
