One of the primary (and highly illegal) tactics utilized by debt collectors when collecting upon debts is to contact consumers directly at their place of employment.  Debt collectors understand that consumers, in an effort to (1) not lose their job; and (2) get the debt collector to stop contacting them at work, will routinely pay off their alleged debts. If a debt collector is contacting you at your place of employment, it is likely that the debt collector has violated your rights and the Fair Debt Collection Practices Act (FDCPA).  Please contact Hyde & Swigart immediately for a free consultation on your rights.

The FDCPA is a Federal Statute enacted by congress to curb the otherwise illegal tactics utilized by debt collectors in the process of collecting debts.  Section 15 U.S.C.1692c of the FDCPA prohibits a debt collector from contacting you (the consumer) “at the consumer’s place of employment if the debt collector knows or has reason to know that the consumers employer prohibits the consumer from receiving such communications.”  See 15 U.S.C. 1692c.  If a debt collector is continuing to contact you at your place of employment it is likely that the debt collector has violated your rights and the FDCPA.  In California, you may be entitled to a recovery of statutory damages in the amount up to $2,000.00.

The FDCPA also prohibits a debt collector from communicating your alleged debt to a third party (like a coworker or supervisor).  Section 15 U.S.C. 1692c(b) states “without the prior consent of the consumer given directly to the debt collector… a debt collector may not communicate in connection with the collection of any debt, with any person other than the consumer, his [or her!] attorney, [or] a consumer reporting agency.”  See 15 U.C.S. 1692c(b).  What this means is that unless you have given a debt collector express permission to speak to third party regarding your debt, a debt collector is prohibited from doing such.  In an effort to coerce consumers into unfair settlements, debt collectors will routinely disclose consumers’ debts to consumers’ coworkers, supervisor, family or friends.  If a debt collector is disclosing your alleged debt to third parties it is likely that the debt collector has violated your rights and the FDCPA.  In California, you may be entitled to a recovery of statutory damages in the amount up to $2,000.00.

 

Crosby Connolly   – Crosby Connolly