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Can Collectors Harass Family Members?

Under the Fair Debt Collection Practices Act (FDCPA), debt collectors are prohibited from harassing or abusing debtors or their family members while attempting to collect a debt. This means that debt collectors cannot engage in conduct that causes harassment, oppression, or abuse to any person in connection with the collection of a debt.

Specifically, debt collectors are prohibited from disclosing information about a debt to anyone other than the debtor, their spouse, or their attorney. They are not allowed to discuss the debt with family members, friends, neighbors, or coworkers unless they have been given permission by the debtor to do so.

Furthermore, debt collectors are prohibited from using tactics that may embarrass or shame the debtor, such as contacting them at inconvenient times or places or using profane or abusive language. This prohibition extends to communication with family members as well. Debt collectors cannot contact a debtor’s family members in a way that would harass, oppress, or abuse them.

If a debt collector violates these provisions of the FDCPA by harassing or abusing a debtor’s family members, the debtor has the right to take legal action. They can file a complaint with the Consumer Financial Protection Bureau (CFPB) or pursue a lawsuit against the debt collector for violations of the FDCPA. Additionally, they may seek damages for any harm caused by the debt collector’s actions.

It’s important for debtors to understand their rights under the FDCPA and to be aware of the protections afforded to them and their family members. If they believe that a debt collector has engaged in harassment or abuse, they should document the conduct and consider seeking legal advice to protect their rights and hold the debt collector accountable.

Our attorney has more than 14 years of experience with fighting debt collection agencies, visit his profile page here, attorney profile.

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  • Under the FDCPA the collection agency is liable for attorney fees. 
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