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Can the Debt Collector Really Do That Under the FDCPA? – Jason

“Dear Steve,

Unemployed, increasing debt, previous attempts to settle and/or maintain debt payback inconsistant, delayed and past due payments.

1. Can a debt collector call outside of the hours 8am-9pm the debtor’s location and time? Are there any day restrictions (i.e. Sunday, holidays)

2. Is is legal for a debt collector to call a third party (who is an unrelated minor) regarding a debtor’s file?



Dear Jason,

When a creditor can call depends on a couple of things. The most important thing is that the Fair Debt Collections Practices Act (FDCPA) regulates activities of third-party debt collectors and not the owner of the actual debt. A collector is prohibited from calling you at certain times but the original creditor can call you almost anytime.

There is no restriction on what days creditors or debt collectors can call but most don’t call on weekends.

A creditor or a debt collector should not discuss the specifics of your debt with anyone else but they could leave a message or ask them to tell you to contact the creditor.

I had a client once that had a debt collector call her while she was out of the house. The debt collector told the child that answered to get a black crayon and write his name and number as large as possible on the white kitchen wall, which he did. The collector told the child to have his mother call him when she got home.

A lawyer in New Jersey, Glen Chulsky, has a great page on your rights under the FDCPA.

I think the underlying issue here is not the unfairness of the debt collector actions but that it appears that you have an unresolved and unpaid debt.

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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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