Can a car dealer legally call my place of employment and tell the receptionist that I am behind in my payments and my car is about to be repossessed?
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Can a car dealer legally call my place of employment and tell the receptionist that I am behind in my payments and my car is about to be repossessed?
Asked on June 24, 2011 under Bankruptcy Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You write that it was the "car dealer" who called. If that's the case, then yes, they can probably do this. The Fair Debt Collections Practices Act (FDCPA) puts limitations on what third-party debt collectors--e.g. collections agencies hired by a creditor, like the car dealer, but which are not actually part of the creditor; they are instead their own collections business--can do, including putting limitations on calling a debtor's place of business. However, the law does not put the same restrictions on a creditor itself; a person or business to whom you owe money has considerable freedom in who they call in regards to collecting a debt, including calling a place of employment. So if it was the car dealership itself, they could probably call, unfortunately.
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