09
Apr
2020
Fair Debt Collection Practices Act (FDCPA); Third Party Communication Prohibited
The Fair Debt Collection Practices Act (FDCPA) prohibits a debt collector from communicating with third parties, such as a debtor’s employer, and conveying information concerning the debt.
Here, an attorney sent a letter to debtor demanding payment to be made within 72-hours, and sent a copy of the letter to debtor’s employer.
The attorney who sent the demand letter argued that he is not subject to the FDCPA as he is not normally engaged in debt collection and he is not a debt collector as defined by the FDCPA. The attorney also maintained that it was his secretary’s error in sending a copy of the letter to debtor’s employer.
The court found that communications from a debt collector to debtor’s employer is strictly prohibited and constitutes a blatant violation of the Act.
The court noted that sending a copy of a hostile demand letter to a debtor’s employer is an inherently provocative act which ordinary experience would suggest should not be done. Peter Sluys v. Albert Hand (U.S. District Court, S.D. New York, No. 92-7972).
Author: Charles R. Harroun
This entry was posted
on Thursday, April 9th, 2020 at 4:34 am and is filed under Employees, National.
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