Found an issue on this page? Let us know and we will look into it as soon as possible.
Can Bill collectors call neighbors?
Anonymous3 views5 answers
My daughter owes for student loans and today called a neighbor. She told her she has been trying to reach her, and that it was about her student loan. This is not legal is it?
Lewis Matthew RobertsBankruptcy AttorneyAltamonte Springs, FL ·
If this is a third party collector, and not the original creditor, then they can only ask neighbors for "location" information. I would bet they already have her location. But these are not slam dunk Fair Debt Collection violations. If it is the original creditor, they are bound by the Florida Consumer Collection Practices Act.
More importantly, are these federal loans or private loans? And what is your daughter going to do about them? If federal loans, and she is not working, or earning very little, there are many income driven plans she can get into to manage the loans.
I am not sure from your question who called, but if it was a debt collector, there are limits on contacting third parties, governed by the Fair Debt Collection Practices Act (and your state laws, I believe). If the collector cannot locate the consumer, they can contact third parties for the purpose of locating information about her whereabouts. For details, contact a consumer attorney on or use the link below to find out more.
Probably not. There are limited things a debt collector could ask a neighbor but may not convey any information directly or indirectly about this being a debt collection matter. This may even occur if the debt collector's name was revealed and it was something like "ABC Debt Collection." You should schedule an appointment with a debt collection attorney to discuss the issue.
Mark Theodore TischhauserLitigation LawyerTampa, FL ·
Generally this is a violation of the collection practices laws both State and Federal. There are some exeptions though and this can only be determined by actually sitting down with a lawyer and reviewing the issue, which your daughter should do ASAP.
Technically, if it is one phone call, the answer may be "yes". For this discussion, I am assuming the original creditor is making the contact - the Federal FDCPA would not apply in that case. Florida has its own Fair Debt Collection Practices Act - found at 559.55- 559.785 of the Florida Statutes. The good part about our state statute (and its difference from the Federal law) is that it applies to all parties' contact, including the original creditor - not so for the Federal FDCPA. But, look at the definitions of the two provisions in 559.72 that would normally apply in this situation.
In collecting consumer debts, no person shall:
"(5) Disclose to a person other than the debtor or her or his family information affecting the debtor’s reputation, whether or not for credit worthiness, with knowledge or reason to know that the other person does not have a legitimate business need for the information or that the information is false."
or
"(7) Willfully communicate with the debtor or any member of her or his family with such frequency as can reasonably be expected to harass the debtor or her or his family, or willfully engage in other conduct which can reasonably be expected to abuse or harass the debtor or any member of her or his family."
As far as paragraph 7, would one time qualify? I would consider that a risk in front of a jury. Now, if an answer to the questions were provided, and the person kept calling, that may change my perspective.
As far as paragraph 5, their "out" for liability is the phrase "with knowledge or reason to know that the other person does not have a legitimate business need for the information". Usually, if the debtor is not communicating and ignoring the phone calls, they creditor can legitimately call a family member to establish whether or not the debtor is alive and where they might be located. That can be considered a legitimate business need. But, very often, creditors will stray into areas that can be actionable. You have to be prepared, however, before the calls come in.
Normally, you could simply record the calls and play them back later to see if there were any violations. But, Florida does not allow you to record a phone call without the consent of both parties. Creditors will never stay on the phone if you tell them you are recording them. If you intend to rely on THEIR recordings later on at trial, good luck. They will most likely have been "erased in their ordinary course of business" before then, and relying on a spoilation of evidence count for damages isn't easy or convenient.
You can, however, keep a log book for each harassing phone call - the person who would eventually bring the suit should be the one answering the phone and making the notes about the call - who, what time, who they represent, and if possible something about why they are calling, and what was said. If done enough times, you may have the possibility of a lawsuit.
Of course, you can hire an attorney to handle the matter- 559.72 also prevents any further phone calls to the debtor once the creditor or collection agent know the attorney's name and phone number.
Good Luck!