Georgia Notice to Debt Collector - Unlawful Messages to 3rd Parties

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Multi-State
Control #:
US-DCPA-28
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Word; 
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Description

Use this form to notify a debt collector they violated the Fair Debt Collection Practices Act (FDCPA). Receiving notice from a consumer makes it more likely a debt collector will comply with the FDCPA. If they don't comply after receiving notice, your notice letter may help prove that their actions were intentional.

A debt collector may not harass, oppress, or abuse any person in connection with the collection of a debt. This includes leaving telephone messages with neighbors or other 3rd parties when the debt collector knows the consumer's name and telephone number and could have contacted the consumer directly.
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FAQ

Don't be surprised if debt collectors slide into your DMs. A new rule allows debt collectors to contact you on social media, text or email not just by phone. The rule, which was approved last year by the Consumer Financial Protection Bureau's former president Kathleen L. Kraninger, took effect Tuesday, Nov.

Debt collectors are allowed to contact third parties to obtain or confirm location information, but the FDCPA does not allow debt collectors to leave messages with third parties. Location information is defined as a consumer's home address and home phone number or workplace and workplace address.

The short answer is, yes, debt collectors can call third parties like relatives or friends. But the law limits what they can say. They're really only supposed to call third parties if they can't reach you or don't have your contact information.

A collector can only call that third party one time. A second communication is only allowed if the collector believes that the person they called was mistaken about the information and they may now have the correct information.

If you have two outstanding debts, then your debt collector can call you once per debt, resulting in two calls per day max. If a debt collector calls you more than one time per debt each day, this is harassment, and it is illegal.

A debt collector is not allowed to contact a third-party more than once unless requested to do so by the third party. In other words, if a debt collector calls a consumer's parents, or sister, or co-worker, they cannot call again unless that person asks them to call them again.

Generally, a debt collector can't discuss your debt with anyone other than:You.Your spouse.Your parents (if you are a minor)Your guardian, executor, or administrator.Your attorney, if you are represented with respect to the debt.

Federal law doesn't give a specific limit on the number of calls a debt collector can place to you. A debt collector may not call you repeatedly or continuously intending to annoy, abuse, or harass you or others who share the number.

Debt collectors are allowed to call you, but they cannot always leave a message on your answering machine. There are a few main instances when debt collectors might be sued for violating the privacy of those who are in debt, through a voicemail message. One of those instances is when it is accessed by a third party.

More info

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Georgia Notice to Debt Collector - Unlawful Messages to 3rd Parties