When you are struggling with a large debt, you are bound to feel stressed and depressed. Especially if a collection agency calls you at work. Of course, it will make you more depressed and embarrassed. Now, you must be wondering, can a collection agency call you at work? What to do if a collection agency calls you at work? Let us find the answer in the text below.
Can a Collection Agency Call You at Work?
Yes, a collection agency can call you at work. But a collection agency cannot call you at work if you have told them to stop. There is a federal law named the Fair Debt Collection Practices Act (FDCPA) that manages how and when the debt collectors can contact debtors. Yeah, the debt collection agencies are indeed allowed to call you at work. However, if you have told them to stop calling you at work, then they must comply. If they do, you can file a lawsuit for harassment related to debt collection. The federal Fair Debt Collection Practices Act (FDCPA) protects consumers from harassment and other unlawful debt collection practices. So, collection agencies must stop calling you if you ask them to stop calling you at work regarding your debt, whether it is a credit card bill, medical bill, or any other type of bill.
You will feel embarrassed if a debt collection agency calls you at your workplace. Immediately tell the debt collection agency not to call you at work anymore because it is very annoying for you. There are many risks that you can get if debt collectors keep calling you to collect debts. Apart from disrupting your work, you may also lose your job. If a debt collection agency continues to call you at work and your rights as a consumer are compromised, you can sue them immediately. It is worth noting that if you can successfully prove that the debt collection agency violated the law and restricted your rights as a consumer, then, in accordance with the law, the debt collection agency must give you up to $1,000 as statutory damages.
What To Do If a Collection Agency Calls You at Work?
If a debt collection agency calls at work, you should tell them to stop calling you. Tell them that their actions are very annoying and have a negative effect on you. Your work may be disrupted, and you may be fired by your employer. In addition, you can also send a written request or cease collection call letter at work asking them to never contact you again. If you do not know how to write such a letter, you can refer to the sample letter provided by the Consumer Financial Protection Bureau. Within 4 to 5 days of receiving the written request to cease workplace collection calls, the debt collection agency must send a validation notice. This validation notice should include some information such as:
- Amount of debt owed.
- Name of original creditor.
- A statement of how the debt is to be paid (unless it is disputed within 30 days).
- A statement stating that the debt collector will verify the entire debt if you request such verification.
- A statement stating that you can request further information about the original creditor if you want.
Although you can tell the collection agency to not call you at work, but it does not mean that you no longer have the debts. You still must pay your debts. Telling a debt collector not to call you at work is only to avoid unwanted things happening at your workplace, such as your work being disrupted or you being fired by your employer.
Keep in mind that you are likely to be in even greater financial distress if a debt collection agency sues you and obtains a judgment against you for your overdue debt. In addition, as stated in the validation notice, you should also accept the offer to get more information about the original creditor and the nature of your debt. The more information you have, the better. If you are unsure about facing this case on your own, you can seek help from a lawyer. A professional lawyer will be able to help you find the best debt relief options, as well as negotiate and communicate with the debt collectors. In addition, a lawyer will be able to protect your legal rights as a consumer or debtor.
Can an Original Creditor Call You at Work?
Now you may also be wondering whether the original creditor can call you at work. The answer is yes. However, if you have asked the original creditor not to call you at work, then the original creditor cannot call you at work to collect the debt. Note that the laws for original creditors are different from those for third-party debt collection agencies. Remember that the original creditor is the entity that originally lent you the credit money. The original creditor here is like a bank or credit card company, if you have borrowed money or made transactions with a credit card. In addition, the original creditor can also be a hospital or clinic if you have medical bills. Formerly, you owe a debt to the original creditor, but if you have fallen behind on your payments or your bill is overdue, the original creditor usually sells your debt report to a third-party debt collection agency so that the third-party debt collection agency will deal with you, collecting your debt.
Under the federal Fair Debt Collection Practices Act (FDCPA) law, third-party debt collection agencies are prohibited from calling you at work if you have told them not to. Now, original creditors are usually not subject to the federal Fair Debt Collection Practices Act (FDCPA) law. However, that does not mean that the original creditor can do whatever they want, such as calling you at work to ask you to pay off your debt. You also have the right to ask the original creditor not to call you at work because it could interfere with your work. In fact, under the Federal Trade Commission ACT (FTCA), original creditors are prohibited from harassment. You can file a complaint with the Federal Trade Commission if the original creditor is harassing you at work. For your information, the Federal Trade Commission is a federal agency that protects consumers from abusive, unfair, or deceptive practices. But remember that while you can file a complaint with the Federal Trade Commission regarding the original creditor, you cannot sue them directly as it violates the Federal Trade Commission Act (FTCA).
How Can Debt Collectors Contact You?
According to the law, debt collectors can contact you in several ways. And, debt collectors must abide by these rules.
- Debt collectors can call you as a debtor after 8am and before 9pm. This means that collection calls at work can indeed be made, as most people work during these hours. However, collection calls must stop if you ask the debt collector to stop calling you at work.
- Debt collectors are allowed to contact your spouse, family members, friends, or neighbors for the purpose of requesting your contact information as a debtor. However, debt collectors can only call your spouse, family member, friend, or neighbor once. Debt collectors are prohibited from calling these people and sharing information related to your collection account or debt.
- By law, debt collectors are allowed to contact you through various digital means of communication such as texts, emails, and phone calls. In addition, debt collectors can also contact you by mail. If you are working with a lawyer for your case, then all debt collector contacts must go through the lawyer.
What Can’t a Debt Collection Agency Do?
A debt collector will do anything to get you to pay your debt and settle it. However, remember that there are federal laws that can protect you from mistreatment by debt collectors. You should know what your rights are. Be aware of some of the things that third-party debt collection agencies cannot do under the federal FDCPA.
- A debt collection agency may not publicize a debtor’s debt. That means a debt collector cannot go to your office to tell your boss or coworkers about your debt.
- A debt collector cannot call you at certain times of the day, i.e. before 8am or after 9pm, as it may disturb you.
- Debt collection agencies cannot contact you after you have asked them to stop contacting you. To stop a debt collection agency from contacting you, you can make this request over the phone or by sending a written request by mail. However, remember, stopping a debt collection agency from contacting you does not mean you can get out of your debt. You still must keep paying the debt.
- Debt collection agencies are prohibited from harassing debtors. Harassment here includes making repeated calls, using abusive and offensive language, making threats of violence, and disclosing any information about your debt.
- Debt collection agencies must not collect debts that do not belong to you. As we know, debts are often traded, from the original creditor to a third-party debt collection agency. Now, debt collectors may have incorrect information about the amount of debt or the person who owes it.
- Debt collection agencies should not threaten debtors. However, a collection agency can file a lawsuit against you if they have probable cause. Now, if a debt collection agency files a lawsuit against you, then the court can order you to appear in court. If you fail to appear, then the court will issue an arrest warrant.
You can report the debt collection agency to the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission if they try to do things that are prohibited by federal debt collection laws. If the collection agency violates state laws as well, then you can report them to your state attorney general’s office. In addition, you can also contact a lawyer to help you resolve your problem. A professional lawyer will be able to help you understand your rights and address the case in court.
Conclusion
We can conclude that whether or not a debt collection agency can call you at work depends on you. As we explained above, debt collection agencies cannot call you before 8am and after 9pm. That means, if you work outside these hours, then debt collection agencies can call you at work. However, debt collection agencies cannot call you at work if you have asked them not to call you at work. To stop a debt collection agency from calling you at work, you can either speak to the debt collection agency by phone, or you can send a written request or letter asking them not to call you at work. If the debt collection agency continues to call you at work after you tell them to stop, then you can file a lawsuit against them.
