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If the collector persists in contacting you, discloses details about the other person’s debt, or if the collector’s actions have been abusive or threatening, you should complain to the appropriate government agency and seek legal advice. The important thing to remember is that you have the same rights as the debtor, including the right to bring an action for any of the violations described here.
If I co-sign a loan, can a debt collector contact me? Yes, if the person who asked you to co-sign does not pay. When you co-sign a loan, you are guaranteeing that the lender will be repaid—either by the person who asked you to co-sign or by you.
As the co-signer, you have the same legal protections as the primary signer. You may also have additional claims against the creditor and possibly the collector if you were not given the special disclosures required under state and federal law advising co-signers of the risks involved. For more on the implications of co-signing for another per- son's debt, see the FTC publication “Co-signing a Loan,” www .ftc . gov/bcp/conline/pubs/credit/cosign .htm.
Does a debt collector have access to my credit report? Yes. The FCRA lists a number of “permissible purposes” for accessing your cred- it report. One purpose is for “...review or collection of an account...” (FCRA Sec 604(3)(A)) If you are dealing with a debt collector, you should check your credit report. You can now order free reports from each of the three national credit bureaus once every 12 months. For more on free credit reports, visit the FTC’s web site: www .ftc .gov/bcp/ conline/edcams/freereports/index .html.
What happens after I dispute a collection? After you file a dispute, the collection agency then must stop collection efforts until it has conducted an investigation. This means the debt collector cannot put the debt on your credit report. It must validate the debt by obtaining a verification of the debt or a copy of a judgment from the creditor. A copy of documents that verify the bill should then be mailed to you.
Fair Debt Collection Practices Act