Can a debt collector contact a third party after being told not contact anyone else other than the debtor?
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Can a debt collector contact a third party after being told not contact anyone else other than the debtor?
I am with a finance company for a car and have come into default. They have contacted a reference number once before and I told them not to call them again and that only my contact information was to be used to get a hold of me. They did not follow what I said and continued to call several numbers on a constant basis. Than they somehow got my girlfriend’s number and called her several times. I never disclosed that information with them can I take any kind of legal action against them?
Asked on May 25, 2011 under Bankruptcy Law, Alaska
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
They can call anyone they wish to locate or contact you. They cannot disclose your debt or discuss it but they can indeed contact others. If your finance company is a lender with a N.A. at the end of the name, contact the Office of the Comptroller of the Currency. If not, contact your state's banking department and file a complaint. Read the Fair Debt Collections Practices Act and review it in great detail to determine if there are any violations at all. If there are, you can report those violations and sometimes they could have monetary implications. You should also consider sending a cease and desist letter via certified mail to company if you do find any violations.
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