Legal Question in Credit and Debt Law in Florida

Re: Inappropriate debt call

No. Under the Fair Debt Collection Practices Act (FDCPA) discussions about the debt can only be held with (1) the individual, (2) the creditor, (3) an attorney representing one of the parties, and (4) a credit bureau. Public airing of your business intended to shame you into paying a debt is not allowed. Debt collectors cannot:

exchange (with other agencies) information about individuals who allegedly owe a debt

distribute a list of alleged debtors to its creditor subscribers

advertise a debt for sale

compile a list of debtors for sale to others

leave messages with third parties, asking them to have the debtor call the collector

If a debt collector does not know your name and telephone number, family members or neighbors may be contacted to find out how to locate you, but the collector

may not tell others you owe a debt or discuss details of the account

must identify himself (by name, but not necessarily as a debt collector)

must identify the name of the collection agency only if asked

can only contact the party once unless the collection agency has reason to believe the person has new information

cannot leave information about a debt on a third party�s answering machine or voice mail

Please note that contacts with a spouse, the parent of a minor, a guardian, co-signer, executor, or administrator are considered the same as contacts with the debtor under the FDCPA.

Re: Inappropriate debt call

No. Under the Fair Debt Collection Practices Act (FDCPA) discussions about the debt can only be held with (1) the individual, (2) the creditor, (3) an attorney representing one of the parties, and (4) a credit bureau. Public airing of your business intended to shame you into paying a debt is not allowed. Debt collectors cannot:

exchange (with other agencies) information about individuals who allegedly owe a debt

distribute a list of alleged debtors to its creditor subscribers

advertise a debt for sale

compile a list of debtors for sale to others

leave messages with third parties, asking them to have the debtor call the collector

If a debt collector does not know your name and telephone number, family members or neighbors may be contacted to find out how to locate you, but the collector

may not tell others you owe a debt or discuss details of the account

must identify himself (by name, but not necessarily as a debt collector)

must identify the name of the collection agency only if asked

can only contact the party once unless the collection agency has reason to believe the person has new information

cannot leave information about a debt on a third party�s answering machine or voice mail

Please note that contacts with a spouse, the parent of a minor, a guardian, co-signer, executor, or administrator are considered the same as contacts with the debtor under the FDCPA.