What Debt Collectors Can’t Do…#2

Hey hey hey. I’ve got another good one for you to think about when you’ve got debt collectors calling you:

Debt collectors are prohibited from communicating with your place of employment if the debt collector has reason to know that your employer prohibits those kinds of communications.

This issue seems to flare up with some regularity, and like everything in the law, has a few caveats. Here’s the full legalese from the statute:

Communication with the consumer generally. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt….(3) at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.” 15 U.S.C. 1692c(a)(3)

Lauritzen Gardens resized

Here are the takeaways from the statute that you should keep in mind next time you get a phone call from a debt collector while you’re toiling away, working for the man:

  • A debt collector can call your employer all they want IF you give the debt collector permission to do so. This isn’t legal advice, this is just common sense – don’t do that.
  • Does your employer have a policy on personal phone calls in the workplace? Whether explicitly and painstakingly recorded in an employee handbook, or informally acknowledged in the office that personal calls on the company’s dime “is just not cool, man,” your employer probably doesn’t want to get calls from debt collectors any more than you want debt collectors to call your employer.
  • This provision was included because who really likes to have their dirty underwear aired in front of their work colleagues? I better not see any hands waving in the air.
  • The best way to make sure the debt collector understands that your employer does not allow debt collection phone calls is to verbally inform the debt collector on the phone, and write down the time, date, and who you talked to in order to keep a record.
  • And if your employer is OK with those kinds of harassing phone calls, you should probably polish up that resume and find a better employer.