Can Debt Collectors Call Your Family? Explained Simply

Debt is a major problem in the U.S., and consumer lending is increasing rapidly. There is over US$5 trillion in debt as of the third quarter of 2024. Dealing with debt collectors can be stressful, and it becomes more complicated when they start contacting family members. You may wonder, “Can debt collectors call your family members?”

In this blog, we will answer this question in detail. We will explore your rights when debt collectors contact your family members and how to identify whether they are violating federal laws. Let's take a closer look into this serious matter. 

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Overview of Federal Debt Collection Laws

The Fair Debt Collection Practices Act (FDCPA) is the main federal law governing debt collectors' operations and interactions with consumers. The law also establishes the limits for debt collection agencies. 

The Telephone Consumer Protection Act (TCPA), originally established to regulate telemarketing calls, texts, and faxes, now also restricts debt collectors' communication with consumers. It mainly limits collectors to three auto-dialed and/or prerecorded debt collection calls to landlines per caller within 30 days. 

Debt collectors are strictly prohibited from making auto-dialed or prerecorded calls or texts unless the consumer has given prior consent. 

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Can Debt Collectors Legally Contact Family Members?

The answer isn’t that simple. Under certain circumstances, third-party debt collection agencies can contact borrowers' family members. However, they must follow strict rules when making such contacts. 

Here are some purposes for which debt collectors can make contact with borrower’s family members:

• Collect details regarding the debtor's location. 
• Discussing the debt of a deceased person with the administrator or executor of the estate.
• Contacting a co-signer regarding the debt. 

However, even in these cases, there are legal restrictions on what debt collectors can say or do when they contact family members. 

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What Legal Limitations Do Collection Agencies Have?

Household debt rose to US$18.04 trillion in Q4 2024. State and federal enforcement agencies are still investigating debt collection laws to protect consumer interests. The FDCPA and other federal and state regulations safeguard consumer debtors from unlawful debt collection practices and impose limits on debt collectors' actions. 

Here are some legal limitations that debt collection agents must abide by:

• Debt collection agencies cannot show up at your workplace, arrest, or harass you.
• Debt collectors can also not contact a specific family, friend, or neighbor unless the debt collector believes it might learn about the debtor’s whereabouts. 
• Debt collection agencies cannot demand or request payment from third parties on behalf of the debtor. 
• They also cannot harass, threaten, or abuse family members or other third parties. 
• Debt collectors also must first identify themselves when they contact you or your family members and provide further information when asked. 

The FDCPA also prohibits debt collectors from leaving messages with third parties. If you think a debt collector is harassing you or your family members, document every interaction and maintain a log of calls, including dates, times, and what was said. This information can be beneficial during legal proceedings. 

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Your Rights When Debt Collectors Call

Complaints about attempts to collect debts that individuals do not actually owe are common complaints for the Consumer Financial Protection Bureau (CFPB). In 2023, these complaints represented 53% of the debt collection complaints submitted to the bureau. Whether debt collectors contact you or your family members, they must follow certain regulations. 

Here’s what you should know about your rights: 

1. Verifying the Debt 

You have the right to request debt verification within the first five days of initial communication. Debt collectors are required to send a notice that includes the amount of the debt, the creditor’s name, and your right to dispute the debt. 

2. Requesting Cessation of Communication 

You have the right to request that a debt collector cease any form of communication with you. Such requests can be in writing. However, once the request is received, the debt collector may only contact you to inform you of specific actions, such as filing a lawsuit. 

3. Dispute Inaccurate Information

If you have any reason to believe that the debt is inaccurate in the letter, you have the right to dispute it. The debt collector must then stop collection efforts until they provide a proper verification of the debt. 

Also read: How to Stop Debt Collectors from Contacting You?

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Responding to Debt Collectors

A strategic approach to dealing with a debt collector is essential for a productive discussion. 

Here are some approaches to responding to debt collectors:

• Don’t ignore the debt; it might be a mistake. Even if you have reasons to believe that the debt is invalid, it’s best to address it. 
• Maintain communication in writing whenever possible. It establishes a paper trail and helps prevent future misunderstandings. 
• Avoid giving out personal information unless you are sure you are dealing with a legitimate debt collector. 
• Negotiating for a settlement is a better option. Several debt collection agencies are willing to accept payments less than the full amounts, especially for older debts. 

Also Read: How to Deal with a Debt Collection Agency

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What if the Debt Collectors Violate the FDCPA?

The Federal Trade Commission (FTC) enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits deceptive, unfair, and abusive debt collection practices. The FTC has filed lawsuits against more than 30 debt collection companies for violating the law and has even banned some businesses when they believe a debt collector has breached the FDCPA. 

You can:

• Contact the state’s attorney general office. 
• Contact an attorney for legal advice. 
• File a complaint with the Consumer Financial Protection Bureau. 

It doesn’t matter if a debt collector contacts you, a family member, or a neighbor. If they engage in any harassment or abusive behavior, they may be violating the FDCPA.  

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Protecting Your Family from Debt Collector Harassment

While debt collectors may have some leeway in attempting to contact certain family members, they absolutely cannot harass your family. The FDCPA prohibits debt collectors from engaging in unlawful practices. 

Here are some warning signs that a debt collector is overstepping boundaries:

• Repeatedly calling your family members even after being told not to do so. 
• Discuss debts with your family members who are not legally responsible for them. 
• Calling at unreasonable hours, specifically before 8 a.m. and 9 p.m.

If you are dealing with aggressive debt collectors or you are concerned about your rights, seeking professional guidance is your best solution. At Shepherd Outsourcing Collections, we specialize in professional debt relief and securely resolving outstanding balances. Our team provides end-to-end expertise in fair and respectful interactions throughout the debt resolution process. 

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Preventing Future Issues with Debt Collectors

While it’s necessary to understand how to handle debt collectors, the most effective way is to avoid dealing with them altogether. 

Here are a few suggestions:

• Manage your debts responsibly and maintain proactive communication with your creditors to stay up-to-date with payments. 
• Regularly checking your credit report can help you spot potential issues as early as possible. 
• Understanding your financial rights and obligations, as well as the laws that protect your financial situation, helps you avoid becoming a victim of predatory practices. 

Debt collectors cannot harass you, your friends, or your family. The most effective way to address such a situation is to report these violations to the FDCPA and other relevant authorities. 

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Conclusion 

While, yes, debt collectors can indeed contact your family members, they can only do so under certain circumstances, and strict rules govern such interactions. The FDCPA limits what debt collectors can say to third parties and how frequently they can contact them. You also have the right to restrict contact or dispute debt letters. Additionally, if you have an attorney, debt collection agencies must contact them instead of you. 

At Shepherd Outsourcing Collections, we are dedicated to confidently supporting you with your debt challenges. Whether you are concerned about your consumer rights or disputing debts, we are here to help. Contact us today to learn how we can assist you with your debt resolution needs.

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Frequently Asked Questions (FAQs)

1. What is the 11-word phrase to stop debt collectors?

The eleven-word phrase, which is a formal request under the Fair Debt Collection Practices Act (FDCPA), is “Please cease and desist all calls and contact with me immediately.”

2. Can debt collectors legally call my family members?

Yes, however, this is only allowed in special circumstances. Debt collectors may contact your family members solely to obtain information about your location. They cannot, however, discuss the specifics of your debt or request that your relatives pay on your behalf. 

3. Can I sue a debt collector for harassment of my family members?

Yes, if a debt collector is found to be violating the rights protected by the FDCPA, you can sue them. However, before taking such steps, you should consult an attorney for guidance and legal options. 

4. What should I do if a debt collector continues to call my family despite being asked to stop?

Upon receiving a written request to cease communication, a debt collection agency may stop. However, they will inform you during certain actions, such as filing a lawsuit. If a debt collector continues to contact your family, it constitutes a significant violation of the FDCPA. 

5. How to stop harassment from a collection agency?

One of the first things to do is to send an official letter to the agency demanding that they stop contacting you or your family members. The notice should include your name, address, and phone number.

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