Jen is an administrative assistant at a small dental clinic. She recently got divorced and is struggling to keep up with her bills on just one income. She's missed a few credit card payments and got a couple collection notices in the mail.
One day, while she was sitting at her desk, a debt collector called. The collector made Jen confirm her social security number and date of birth and then asked how she planned to take care of her unpaid credit card bill. Worried that her co-workers would overhear the conversation, Jen quickly told the collector that she was at work and couldn't take personal calls.
A few days later, the same debt collector called Jen again on her work phone. This time, he threatened to garnish Jen's wages if she didn't set up payment arrangements immediately. Jen again told the collector that she was at work and couldn't talk, and said she would call him back when she was at home.
Was the debt collector's first call illegal? What about the second?
The Fair Debt Collection Practices Act doesn't expressly forbid a debt collector from calling the workplace. But once a collector knows that someone can't take calls on the job, further calls are prohibited.
So in Jen’s case, the first call wasn’t illegal because, until that point, the collector didn’t know that Jen couldn’t talk at work. But once Jen told the collector that she couldn’t take personal calls, the collector knew not to call anymore. Therefore, the second collection call violated the Fair Debt Collection Practices Act.
Collection calls to someone else at your work are almost always illegal
What if instead of calling Jen’s direct line, the collector had called the receptionist and asked to speak to Jen about an unpaid bill?
Illegal. Big-time. Virtually every collection call to a co-worker is illegal, especially if the collector mentions the debt. There is an exception, though, if the collector calls to enforce a court judgment. For example, a collector may call your human resources department to discuss the logistics of a pending wage garnishment against you.
How to use the FDCPA to stop illegal collection calls to your workplace
The FDCPA gives you the power to sue a debt collector that violates the law. It's a great way to stop illegal collection calls to your work and to hold the debt collector accountable for its illegal conduct. Under the FDCPA, a successful claim gets you:
Up to $1,000 in statutory damages (even if you've suffered no monetary loss);
Provable actual damages (including for emotional distress);
Your attorney fees and court costs must be paid by the collector
Most consumer lawyers handle FDCPA lawsuits on a contingency fee. This means that you don't pay any fees unless your attorney recovers money for you and those fees come from the collector's pocket, not yours. Congress wrote the FDCPA this way to incentivize people to enforce the FDCPA and help the government regulate debt collectors and ensure compliance with the law.
Did a debt collector illegally call you at work? Get a free consult now.