Debt Collectors Are Calling My Family — Now What?

Dan Rafter — Mon, 26 Nov 2018 18:28:01 +0000

It's bad enough when debt collectors start calling you, but what if they start hounding your family members, too? Can collection agencies legally do this?

The answer is a bit complicated.

The types of calls that debt collectors can make is regulated by the Federal Trade Commission's Fair Debt Collection Practices Act. This act provides protection to consumers who owe debts. It says, for instance, that debt collectors can't threaten you with jail time or call you early in the morning or late at night. The act also says that collectors can't call you multiple times a day. The act also regulates the communication that debt collectors can have with your family members. (See also: 5 Things Debt Collectors Don't Want You to Know)

Calling family members

Debt collectors are hired to get you to pay up the money you owe to their clients. To do this, they'll reach out to you by mail or phone to convince you to come up with the cash. But if debt collectors can't find you? Then they can contact your family members. In fact, they can contact anyone who knows you, including friends or co-workers.

However, what they can say to these third parties, and how often they can contact them, is extremely limited. The Fair Debt Collections Practices Act states that debt collectors can only contact family members, friends, or co-workers to find your location. If they have already contacted you, they are not allowed to reach out to others. They can also only contact family members or friends once.

What they can say

Debt collectors are also limited in what they can say to your family members. They must identify themselves and state that they are confirming your contact information or looking for correct contact information. If your family members ask, they are required to identify who is employing them, but only if they are expressly asked this question.

Debt collectors are not allowed to tell family members that you owe any debt. Collectors also can't threaten family members or call them more than once unless the debt collector reasonably believes that the family member's earlier responses were incorrect or incomplete, and that the person now has correct or complete info.

The Consumer Financial Protection Bureau says that debt collectors can't discuss your debt with anyone besides you, your spouse, or your attorney — if that attorney is representing you regarding your debt. If you're a minor, debt collectors can speak with your parents about your debt. They can also discuss your debt with your guardian, executor, or administrator, if you have them.

What to do if debt collectors aren't following the rules?

If debt collectors are violating the rules of the Fair Debt Collection Practices Act when they contact your family members, you should contact the Federal Trade Commission with your complaint. You can file a complaint online by using the commission's Complaint Assistant.

You can also contact the Consumer Financial Protection Bureau. You can file a complaint online with this this agency, too.

Additionally, you have the option of suing a debt collection agency in state court or small claims court. Be warned, though. You might have to hire an attorney to succeed, and this can be a time-consuming and frustrating challenge. (See also: Here's What Happens to an Account in Collections — Even When You Pay Up)

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This article is from Dan Rafter of Wise Bread, an award-winning personal finance and credit card comparison website. Read more great articles from Wise Bread:

How to Stop Those Annoying Robocalls

Dan Rafter — Fri, 08 Jun 2018 09:00:18 +0000

Your phone rings, the number on the screen starts with your local area code. Of course you're going to pick up. What if it's the school nurse calling about your children? What if it's your dentist's office calling to reschedule an appointment?

Then you pick up and a recording tells you that you've won a free cruise to Alaska or that you owe money to the IRS.

Yes, you've been hit by a robocall. These obnoxious recorded messages are used by companies to persuade you to buy something you usually don't need. Not only are they annoying, but robocalls can be dangerous, too. Plenty of scammers use them to trick people into giving up their Social Security numbers, credit card digits, or other personal information. Worst of all? These robocalls are increasing, and so are complaints from consumers who have been harassed by those prerecorded pitches and scams.

Fortunately, there are steps you can take to stop at least a chunk of these calls and to protect yourself from any automated scams targeting your phone number.

We're answering a LOT more robocalls lately

The Federal Trade Commission reported that in 2017, consumers filed more than 4.5 million complaints with the commission about robocalls. That ranks as the highest number of complaints in any year, and is a sharp increase from the more than 3.4 million robocall complaints consumers filed with the FTC in 2016.

The most common topic of these robocalls is debt reduction. Robocalls about vacations and timeshares were the second most common, while those about warranties and protection plans came in third. (See also: How to Spot a Hotel Booking Scam)

How to stop them

If the number of robocalls bombarding your phone has increased, you're not alone. How do you stop, or at least slow down, these intrusions? (See also: How to Protect Elderly Loved Ones From Financial Scams)

Register your number on the Do Not Call list

Your first step is to sign up for the National Do Not Call Registry, offered by the FTC. Telemarketers are prohibited from using automated dialers to call cellphones or landlines on the list, unless the owners of these numbers give them consent first.

Unfortunately, listing your number on this list doesn't stop all robocalls. That's because many of the companies or scammers behind these calls won't hesitate to ignore Federal Communications Commission regulations.

Use call-blocking apps

Once you've listed your number on the Do Not Call Registry, it's time to download call-blocking apps that can help you prevent repeat robocalls from the same number. The Mr. Number app is a popular one, and allows you to block any number that has sent you a robocall and calls from known scammers. You can also block calls from numbers not in your contact list.

There are competitors out there, including apps such as Truecaller and Should I Answer. These will help you greatly reduce robocalls.

Wireless providers understand that robocalls are a nuisance, too. So it's not surprising that some of these providers offer their own call-blocking apps. AT&T offers the AT&T Call Protect app that lets you block calls from suspicious numbers and past robocallers. T-Mobile provides its own Scam Block tool that allows cell users to block all known scam calls before they ring up their phones. And Verizon offers its own suite of call-blocking services, including call block, caller ID, and anonymous call rejection.

What to do if you still get robocalls

What if, despite the measures you've taken to prevent them, you still receive a robocall?

First, if your call is coming from a number you don't recognize, don't answer. If the call truly is important, whoever is calling will leave you a voicemail. If you do answer, hang up as soon as you realize you're dealing with a robocall.

Some robocalls will request that you hit the number "1" to speak with a live operator. Never do this. You'll just be connected with someone trying to sell you something or scam you. Others might ask that you press a certain number on your phone to stop receiving calls. Don't press that number, either. You'll usually be connected to another operator who wants to sell you or scam you.

In short, the best way to deal with robocalls that slip through is to never engage with them. Robocallers can't scam you if you don't answer. (See also: 3 Ways to Ban Spam and Stop Junk)

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This article is from Dan Rafter of Wise Bread, an award-winning personal finance and credit card comparison website. Read more great articles from Wise Bread: