Someone called my work today to collect a debt from a credit card company is that legal?

Asked 11/17/2009 under Business | 232 View(s) | More Legal Topics

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This is where the the Fair Debt Collection Practices Act  (FDCPA) comes in.  The law was adopted in response to abusive collection practices.  The stated purpose of the act is to provide guidelines and accepted practices for debt collection agencies and debt collection attorneys when seeking to collect on legitimate debts.  The Act is also meant to provide consumers with certain remedies against rogue debt collectors. It is important to note that the federal act is generally supported by complimentary state laws which vary from one state to the next.

As it applies to your situatuion, first of all, a debt collector may not inform your employer of the purpose of the call unless first asked by the employer.  Additionally, you may not be called at work if you have informed them not to call because such contact is in violation of a known policy of your employer.

Note:  The act is specifically targeted to apply to any person or entity who regularly collects debts owed to third parties, including lawyers who regularly perform debt collection services.  In-house collection departments are not generally included under the act.  If, for example, you owe a local merchant a debt, the law will not regulate the merchant or prevent him from contacting you about the debt.  If, however, the merchant employs an outside debt collection service, the law will likely will apply.

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