Debt collectors are notoriously ruthless in their methods, as many will go to great lengths to obtain the funds they are owed. To combat this aggressive nature, several laws have been enacted to help protect consumers from unfair, abusive, and manipulative practices. However, many are unaware of their rights regarding who a debt collector can contact regarding their debts. As such, if your spouse is contacted by a debt collector concerning debt in your name, you may wonder if this violates any laws. The following blog explores what you should know about these circumstances and the importance of working with an experienced San Diego County debt collection harassment lawyer to explore your legal options during these difficult times.
Are There Rules Debt Collectors Must Adhere To?
First and foremost, it’s imperative to understand that debt collectors are legally required to adhere to the standards established in the Fair Debt Collection Practices Act (FDCPA). This is a federal law that regulates how debt collectors can interact with those in debt. This law was established in response to the often aggressive nature of debt collectors.
As such, the FDCPA prohibits collectors from engaging in any of the following behaviors:
- Calling outside of permitted hours (8 a.m. to 9 p.m)
- Placing repeated calls in a short period of time
- Failing to identify themselves as a debt collector
- Misrepresenting themselves as a police officer or a lawyer
- Using vulgar or threatening language
- Publishing your name as a debtor
- Speaking to others about your debts
- Calling you at work if they’ve been informed you cannot take personal calls
- Misrepresenting the status of the debt
- Refusing to send a debt validation notice when requested
It’s important to understand that the FDCPA only applies to third-party debt collectors and not the original creditors. However, California also has its own version of the FDCPA, called the Rosenthal Fair Debt Collection Practices Act. As such, part of the Rosenthal Act is that original creditors adhere to the large majority of the FDCPA.
Is a Debt Collector Allowed to Talk to My Spouse About My Debt?
If a debt collector contacts your spouse in regard to a debt in your name, you may wonder if this is allowed, as debt collectors are not supposed to contact anyone else regarding your debt. In general, a debt collector can contact your spouse, as they are not considered a third party under the law. In fact, speaking to your spouse regarding the debt in your name is expressly allowed under the FDCPA.
Additionally, a debt collector can contact and discuss your debts with your attorney. In fact, if a debt collector knows you are represented by an attorney regarding the debt you owe, they must contact your attorney instead of you.
As you can see, these matters can be incredibly complicated. It’s important to understand that if your rights are violated by a debt collector, you have legal options. However, the most important thing you can do is connect with an experienced attorney with Barthel Legal. Our dedicated team understands how complicated these matters can be, which is why we will do everything in our power to help represent you and help you fight for the best possible outcome. Reach out today to learn more.
