When Debt Collectors Call for Someone Else | Credit.com (2024)

It’s happened to everyone. You get a call from a number you don’t know, and when you answer, it’s a debt collector asking to talk to a friend, family member or someone you’ve never even heard of.

This can add more stress if you’re already dealing with calls about your own old debts. But it’s also frustrating if you’re up-to-date on everything and don’t want to deal withdebt collectors calling forsomeone else. Fortunately, there are steps you can take to get the calls to stop.

What to Do IfDebt Collectors Are Calling forSomeone Else

Whendebt collectors are calling forsomeone else, it’s tempting to just not answer numbers you don’t know and keep letting things roll to voicemail. But this probably isn’t the best long-term strategy and can leave you dealing with frequent calls for months or even years. To eliminate these calls, you need to figure out what’s legitimate and what’s a scam, keep good records and be prepared to file acomplaint withtheFederal Trade Commission.

1. Keep Records

Every time you get adebt collection call forsomeone else, make sure to note the number the person called from, the name of thecollection agency and the person’s name. While the caller isn’t required to give you their name, they do have to give you the name of theiremployer under the FairDebt Collection Practices Act. It’s also a good idea to write down the date and time of the call, so you have a record of the frequency if you need topursuelegal action for harassment.

2. Request That the Collector Not Call Again

While this may seem obvious, many people just hang up ondebt collectors once they find out who’s calling. But simply asking them not to call again can go a long way. Make sure to tell them that they have the wrong number. If they call again after that, let them know if they continue calling, you’ll file a report withtheFederal Trade Commission.

CanDebt Collectors Call Friends and Family?

Debt collectors are legally allowed to call your friends or family to try to locate you. But they cannot call these people to try to collect thepayment for the debt, and they are only allowed to call once unless they believe there may be new information to be found. However, this requires the person to answer and tell the collector they aren’tthedebtor.

If the collector is calling about a friend or family member who has passed away, you can inform the collector of this. You can also direct them to the executor of the estate if you have that information, although you don’t have to.

3. File aComplaint With the FTC

While the FDCPA defines a lot of what a collector can and cannot do, not alldebt collectors follow these rules. If you’ve notified the collector that you are notthedebtor and they keep calling, it may take filing acomplaint with the FTC and possibly your stateattorney general’s office to get them to stop.

4. Get Legal Help

While notifying the FTC andattorney general’s office is usually the last step, extreme cases may needlegal action. If you don’t know if you have legal grounds for a harassment suit or can’t get the calls to stop, talking to aconsumer law attorney may help.

5. Avoid Common Mistakes

Never give the debt collector your personal information. Sometimes scammers pose asdebt collectors, and giving them this information can make you the victim of crimes likeidentity theft orcredit card fraud. It’s also not a good idea to lose your temper or get angry. These calls can be frustrating. But keep in mind that person on the other end of the phone is just trying to do their job, and losing your temper isn’t helpful.

Knowing Your Rights

When adebt collector calls forsomeone else, there are guidelines from the FTC and the FDCPA that can help you understand your rights and how to handle these types of calls fromdebt collection. However, it’s important to note that there are different rights for consumers and non-consumers.

Generally, aconsumer in these guidelines is someone who is legally obligated topay the debt—sothedebtor or a cosigner. If the call is forsomeone else and you are not legally on the hook for the debt, you won’t have all of the protections the FDCPA sets forth for consumers.

How Many Calls from a Debt Collector Is Considered Harassment?

If the debt is not yours, the collector is only supposed to call once in most circ*mstances. But if they call more than once, it still might not be enough for a harassment suit. The FDCPA defines harassing calls as repetitious and “intended to annoy, abuse or harass.”

It also defines calls that include profanity or threats of violence as harassment. If someone refuses to identify themselves, it could also count as harassment. When it comes to the number of calls, “repetitious” can be in the eye of the judge who gets your case. So, it’s best to consult anattorney before filing a suit to make sure you have grounds.

Exposing a Fake Debt Collector

If you think the debt collector calling you may be fake, you can generally weed out the scammers by asking them for the company’s name, phone number and address. Legitimate collectors will provide this under the FDCPA, but scammers are more likely to argue with you about why you need the information or just hang up.

Asking the collector to verify the name and address of the person they’re trying to reach can also help you figure out if it’s a legitimate call. But remember that you should never provide this information to the collector if they call to “verify,” which is a common scamming technique.

Is It Legal forDebt Collectors to Spoof Numbers?

Legally,debt collectors can spoof their phone numbers, but the FDCPA doesn’t allow them to hide their identity—such as when you ask what agency they are calling from. They also can’t spoof a number that would indicate they are from alaw firm or any type of official government agency.

Tips for the Future

Of course, the best way to avoidcalls from debt collectors is to always make sure youpay your debts on time. It’s also a good idea to avoid cosigning for friends or family who may not be able topay the debt. If they stop making the payments, you’re on the hook for the debt and legitimatedebt collection calls until the balance is paid.

If you’re wondering about how this could impact your credit score or what happens when acollection agency calls forsomeone else, the answer is not much. Unless the debt is being reported in your name in error on yourcredit report, nothing will happen to your score.

If you’re getting a lot ofdebt collection calls check yourcredit report to make sure there’s not something opened in your name you don’t know about. You can also check your credit via Credit.com’sCredit Report Card, which can help you know if someone opens up an account in your name or if you become the victim ofidentity theft.