Emily Sortor  |  April 2, 2020

Category: Legal News

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Getting collection calls for someone else may violate the law.

If you have received collection calls for someone else, you may have a claim under the Telephone Consumer Protection Act (TCPA). Victims of harassing collection calls may be eligible to hire an attorney and file a class action lawsuit and recover damages.

About Debt Collection Calls for Someone Else

Many people have received collection calls for other people. In an attempt to track down their money, debt collectors often call relatives of people who owe them. Some debt collectors may even call the relatives of debtors who have recently died to find someone to repay the deceased’s debts. In some cases, debt collectors may call previous numbers of debtors who have changed their phone numbers, leading to harassing and distressing calls for the new owner of the number.

While it is sometimes legal for debt collectors to place calls to relatives, friends, or other connections of the debtor, some of these calls are governed by the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act.

Debt collectors who are unable to reach the person who owes money are legally allowed to skip-trace them. Skip tracing means that the debt collector is able to contact people who may know the whereabouts or contact information of the debtor.

There are many internet sites that compile information about people, including their addresses, names, and relatives, making it fairly easy for debt collectors to find names and phone numbers of people that may be associated with the debtor.

Although debt collectors are allowed to make calls to other people in an attempt to locate the debtor, Experian reports that there are several things they are prohibited from doing. Debt collectors are not allowed to:

  • Violate the financial privacy of the debtor by discussing the debt with people other than the debtor or certain other people, including attorneys. This includes telling the person they are calling in an attempt to locate the debtor that they are calling in regards to a debt.
  • Repeatedly call other people to try to locate the debtor. Debt collectors are allowed one call to any given number in an attempt to locate a debtor.
  • Conceal their identity. Debt collectors must identify themselves and inform the person they are calling that they are attempting to confirm or request information regarding a consumer.

Are there exceptions to the Fair Debt Collection Practices Act?

Collection calls may be illegalThere are some exceptions to the Fair Debt Collection Practices Act. If you are getting hounded by a debt collector who is collecting a debt that falls under one of the categories, the FDCPA may not prevent them from doing so, even if the debt is really owed by someone else.

The Fair Debt Collection Practices Act regulates the collection of many kinds of debt, including credit card debt, medical debt, mortgages, as well as debts incurred for family, household, or personal reasons.

Consumer Finance explains that there are some important exceptions to the law, The FDCPA does not regulate business debts and does not regulate the collection of debt by the person who originally made the loan — just the collection of debts by debt collecting organizations. These organizations can include companies that buy debt, debt collection agencies, and lawyers who collect debt on behalf of their clients.

If the debt that a debt collector is trying to collect is owed by someone other than yourself, but it does not fall under the regulation of the FDCPA, state laws may regulate its collection. Many states have their own laws that limit debt collection practices.

Consumer Finance explains that some states’ laws may cover collection by an original creditor, whereas the FDCPA is a federal law that does not cover original creditors. You can contact the attorney general of your state to learn more about debt collection laws that may apply to you. 

About the TCPA

Like debt collectors, telemarketers are prohibited from using an automatic dialing system or prerecorded voice message to contact consumers without their express permission. They cannot send unsolicited texts or voicemail messages and are barred from calling before 8 a.m. or after 9 p.m. Telemarketers are also required to provide consumers with an option to opt-out of receiving messages or phone calls.

Consumers who have been subjected to harassing collection calls for someone else may be able to file a class action lawsuit and pursue compensation. Victims of TCPA violations may be able to sue for between $500 and $1,500 for each violation.

Recent class action lawsuits regarding debt collectors and TCPA violations have amounted in settlements of upwards of one million dollars.

Join a ‘Wrong Number’ Robocall TCPA Class Action Lawsuit Investigation

If you received cellphone calls meant for someone else, you may qualify to participate in a wrong number class action lawsuit investigation, and you may be entitled to compensation under a federal law called the Telephone Consumer Protection Act (“TCPA”).

Learn More

This article is not legal advice. It is presented
for informational purposes only.

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11 thoughts onDo You Get Collection Calls for Someone Else?

  1. Dawn Black says:

    Not sure if this counts but…I received multiple calls sometimes daily multiple calls from a financial institution. Being very nasty and inquiring about an individual who has received a loan from them. I told them multiple times no I don’t know where she is and no I will not contact her and tell her……….. This went on for at least a couple months. Same couple of people from two institutions after they were asked to stop.

    1. Sophia Ivy says:

      I m getting calls for some one,block them and they left messages about people personal business

  2. Irene Johnson says:

    Yes, all the time. Annoying!

  3. Trena Ellis says:

    Add me this is disturbing

  4. Oliver says:

    I’ve been receiving recorded message calls from a “UAA Law Firm” in Hollister, California. When I have called them back to ask them to stop, they are nasty and even use profanity. I highly doubt that they are really attorneys. On one day alone, they called me 12 times. I am not the person they are looking for, but that does not seem to phase them.

  5. L. ? says:

    I get at lest 4-5 every year looking for someone I do know and mostly folks I don’t. They refuse to stopped calling. Just h

  6. CM says:

    add me please

  7. Christina Pantoja says:

    Add me

  8. lashandra hubbard says:

    add me

  9. Linda Joseph says:

    Add me to the list please.

  10. scott says:

    i have been getting calls from portfolio recovery, looking for someone else.

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