FDCPA -- Collecting From Consumers At Work
The Fair Debt Collection Practices Act has been in effect for over 15 years, so you would think most collectors would be doing it all by the book, right? Wrong. The annual report by the Federal Trade Commission shows there are still people out there who haven't gotten the FDCPA message.
Perhaps because many consumer work outside the home, debt collectors appear to be directing a high percentage of their collection efforts to consumers while they are at work.
The Commission has noted an increase in the number of complaints about debt collection calls made to consumers while at work, even after they have informed the debt collector that their employers prohibit such calls. Not only does this practice violate the Act, but it can disrupt the work environment of the consumer, particularly when colleagues, secretaries, supervisors, and others become targets of debt collectors' calls.
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The Commission has also noticed a renewed emphasis on involving the consumer's employer in negotiations for payment. Generally, this involvement only serves to embarrass the consumer and often results in permanent injury to the consumer's reputation, to his or her relationship with the employer, and to his or her ability to function effectively in the work place. Without the consumer's consent, such involvement violates the Act if it results in disclosure of the debt to the employer.
It can be hard to reach consumers in their homes. The busy lives people lead rarely leave them at home long enough to get them on the phone. But if you decide to call them at work, you must make certain you follow the rules. Calling at work when a consumer has specifically told you not to or revealing the debt to any third party can get you in trouble--and it probably won't increase your chances of collecting the debt, either. Remember, FDCPA is a law covering professional debt collectors, but it also outlines excellent customer service techniques for all people collecting debts.
Editor's Note: This article originally appeared in the Credit & Collection Manager's Letter.
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