Can a debt collector contact a third party after being told not contact anyone else other than the debtor?

UPDATED: May 25, 2011

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Can a debt collector contact a third party after being told not contact anyone else other than the debtor?

I am with a finance company for a car and have come into default. They have contacted a reference number once before and I told them not to call them again and that only my contact information was to be used to get a hold of me. They did not follow what I said and continued to call several numbers on a constant basis. Than they somehow got my girlfriend’s number and called her several times. I never disclosed that information with them can I take any kind of legal action against them?

Asked on May 25, 2011 under Bankruptcy Law, Alaska


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

They can call anyone they wish to locate or contact you. They cannot disclose your debt or discuss it but they can indeed contact others. If your finance company is a lender with a N.A. at the end of the name, contact the Office of the Comptroller of the Currency. If not, contact your state's banking department and file a complaint. Read the Fair Debt Collections Practices Act and review it in great detail to determine if there are any violations at all. If there are, you can report those violations and sometimes they could have monetary implications. You should also consider sending a cease and desist letter via certified mail to company if you do find any violations.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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