When you are in debt, every decision and purchase you make can feel like an additional weight added to your shoulders. However, this stress can be compounded by the harassment you may face from creditors and debt collectors. It’s important to understand that there are rules these entities must follow when interacting with consumers. As such, one of the most common questions is whether or not a collector can talk to your spouse. The following blog explores what you should know about these complicated matters, including the importance of talking to a California debt collection harassment lawyer to explore your legal options when facing harassment.
Are Debt Collectors Required to Adhere to Any Laws?
Unfortunately, many consumers are under the assumption that because they owe a debt, they have no rights when interacting with debt collectors. However, this is far from the truth. In reality, third-party debt collectors are bound by the rules established in the Fair Debt Collections Practices Act (FDCPA), which protects consumers from abusive, unethical, and manipulative practices from collection agencies.
It is imperative to note, however, that original collectors are not bound by the FDCPA. However, to combat this, California has enacted a similar law called the Rosenthal Fair Debt Collections Practices Act that expands to include original collectors.
As such, some of the most common actions and behaviors that are prohibited under these acts include, but are not limited to, the following:
- Placing repeated calls in a short period of time
- Calling outside of acceptable hours (8 a.m. to 9 p.m.)
- Refusing to identify themselves as a debt collector
- Pretending to be a member of law enforcement
- Pretending to be an attorney
- Falsifying debt information
- Refusing to provide a debt validation letter
- Using vulgar or abusive language
- Threatening physical harm
Is a Debt Collector Allowed to Talk to My Spouse About My Debt?
It’s necessary to understand that California is a community property state. Essentially, this means that all assets obtained during a marriage by either spouse are considered to be the equal property of both parties. This also applies to liabilities. As such, a debt collector in California can discuss your debt with your spouse because it can technically be considered their responsibility, even if your name is the only one on the contract with the creditor.
Additionally, language in the FDCPA effectively designates other parties as the “consumer,” including your spouse, parents (if the debtor is under 18), guardian, or administrator. You should note that a debt collector can also contact your attorney if you have legal representation.
When you are facing harassment by a debt collector, it’s critical to understand your legal options during these difficult times. At Loker Law, APC, our dedicated team will do everything possible to help you fight for the best possible outcome. Not only can we assist you in receiving justice for the harassment you’re experiencing, but we may also be able to assist you in exploring your legal options to handle the debt you are in. Contact us today to discuss your circumstances with a member of our competent firm.
