Many consumers have the same problem – paying their bills. Needless to say, this is a common problem when unemployment is at an all time high. Americans are struggling to pay their bills, the ones who are lucky enough to have jobs are working hard to keep them. No one wants collection calls at work threatening their employment. But if they start to call you at work, you wonder – is this legal?
Under the Fair Debt Collection Practices Act, debt collectors have specific rules they must follow. One, in particular, is not call the consumer’s place of work “if the debt collector knows or has reason to know that the consumer’s employer prohibits” such calls. In other words, if you or anyone at your employment told the collector that such calls are prohibited, the collection calls at your job must stop. If not, the collector is violating 15 U.S.C. §1692c(a)(3) by continuing to call you at work.
The collector could also be violating another provision of the
FDCPA by calling you at work. If the collector is discussing your debt to a third party, whether it is a co-worker, boss, family or friend, they are violating 15 U.S.C. §1692b(2) and 15 U.S.C. §1692c(b). The only reason a collector can call a third party is to confirm or correct location information for the consumer. 15 U.S.C. §1692b(1)
Another important factor to determine the legality of the calls under the FDCPA is who is calling you. Under the FDCPA, the caller
needs to be a debt collector and not an original creditor. 15 U.S.C. §1692a(6)
If a debt collector continues to call you at work after expressly telling them to stop, you have rights. You can sue them under the FDCPA. For a free case review, contact SmithMarco,P.C. SmithMarco, P.C., has over 30 years of combined experience practicing law protecting the rights of consumers around the country. We can sue on your behalf incurring no out of pocket costs and obtaining up to $1000 for violations. Call today!