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violation of the law, you might want to gather evidence by taping the calls. Such evidence can be invaluable if you file a complaint with the authorities and if you sue the collector. Be aware that in a dozen states including California, you need to obtain consent before taping the call, with some exceptions. Check the web site of the Reporters Committee for Freedom of the Press (www .rcfp .org/taping) for a 50-state compi- lation of laws regarding tape recording,
Debt Collectors and Employment
Can a collection agency contact my boss? A debt collector may con- tact anyone other than you, but only to find out where you live or your telephone number. This includes your employer, who is treated like any other third-party contact under the FDCPA. Unfortunately, the FDCPA creates no specific restrictions on contacts with an employer. Although not required to do so, a collection agency should contact your boss only as a last resort.
The laws of your state may have stricter rules about contact with your employer. In California, for example, a collection agency must first try to contact your employer in writing before making a call. If your employer does not respond within 15 days, the collection agency may then call.
Can a collection agency send legal documents to my employer?
Papers that are connected with your job may be sent to your employer. A judgment or court order that garnishes your salary is an example.
Can a collection agency call me at work? The FDCPA says a collector cannot call you at work if your employer does not allow you to receive such calls or if you have asked (preferably in writing) that they not call you there. If you are first called at home, make sure to tell the collec- tion agency that it cannot call you at work if that is your wish. Follow up with a written request.
Fair Debt Collection Practices Act 25