Creditors Calling Employees at Work

JanH

Perhaps I dreamed this up; however, I thought there was a federal regulation prohibiting creditors from calling employees at their place of work. Seems like we are getting a rash of calls now that the economy is not doing as well as it has in the past. If there is a regulation, can anyone help me out with it or at least give me some pointers as to how to tell our receptionest to handle these calls?

HRsage

I'm no credit expert by any means but I think the employee needs to notify the creditor in writing and inform them that they are not to be called while at work. They should send it return receipt to the creditor. I think the laws vary by state, but usually a phone call doesn't do the trick, it should be in writing. In the meantime I would have the receptionist take a message if possible and give the message to the ee. If you have a lot of ee's then that might not be possible, in which case perhaps the receptionist could inquire who was calling and then inform them that the company does not allow those types of calls. Just my thoughts.

Margaret Morford

[font size="1" color="#FF0000"]LAST EDITED ON 03-03-03 AT 11:43PM (CST)[/font][p]I think you're right about there being a federal law prohibiting it. Can we get one of the attorney editors to weigh in on this?

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

TALLEY

I am not an attorney, however, I have some might have some insight on this issue. Two years ago a creditor was calling one of our employees. The creditor was usually connected with another employee (same first name as the debtor). The creditor would launch into their tirade assuming they were speaking with the debtor. Of course the creditor wouldn't take the "same name employee" seriously when she explained they were talking to the wrong person.

I finally was given the calls. Long story short, I was unsuccessful in my attempts to speak with a supervisor. I was advised that I had to instruct, in writing, to quit calling our number. I faxed a letter to the creditor. They called back the next day. I advised them I had faxed a letter the day before and if I didn't hear from a supervisor by 5:00 P.M., I would file a complaint with the FTC.

Well - I filed the complaint. Guess what - just yesterday - yes TWO YEARS later, they called me to follow up on my complaint. They asked me to send them whatever paperwork I had, if any, as they are building a case against this creditor and their continued unscrupulous practices. Since this issue involved an employee, I hadn't thrown any of this stuff away. I found all my notes, phone messages, and faxed letter. The person with FTC was thrilled. She said that very few people can find their information for follow-up. Well, after 2 years, I'm not surprised. I suppose I will hear from them again.

You can find The Fair Debt Collection Practices Act on the Internet at [url]www.FTC.gov[/url], as amended by Public Law 104-208, 110 Stat. 3009 (Sept. 30, 1996), Title VIII - Debt Collection Practices. As you read through it, it's interesting what creditors are allowed to do in order to collect a debt. But, then, the lesson to all this is to pay your bills on time.

HS

This is the text as it appears at the site...I too had to look it up recently:§

805. Communication in connection with debt collection [15 USC 1692c]

(a) COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt --

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;

(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.


So #3 seems to answer your question. Here is the link:

[url]http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805[/url]

March22Collector

Isn't it the "Fair Debt Collections Practices Act" that says once an employer tells a creditor to NOT call the place of business, then it makes it illegal if the creditor calls again?

Don D

All of our office personnel have direct line numbers. Typically they have had a forced response blank to fill out on the credit information and the blank calls for the work phone or day phone. There's virtually no way to stop those. None of our production personnel are allowed personal calls of any nature during work, unless it is identified as an emergency and that's what our receptionist tells the caller. I wouldn't increase the receptionist's workload by implementing a program of having her take messages and have dialog with callers beyond what we already do.

Ruskanen

All phone calls to our production employees, or for anyone the receptionist doesn't recognize are forwarded to HR. We have our rehearsed response, "If that person is an employee here we have a company policy that states we can only pass through personal phone calls if it's an emergency. And no, I'm sorry, we can't take messages." Our employees understand this and mostly appreciate it. And if the creditors press, I tell them, "If you need to get a hold of that person, you should try their home phone number." I figure if the employee wants that person to call them, they will give them their home phone number. I've only had creditors argue with me twice in 3 years, but nothing ever came of it. Not even the one that said she would call her friend at the local newspaper and tell them what's going on down here. I told her to go ahead and do that. I already knew that nothing was going on down here.

Don D

Not even the one that said she would call her friend at the local newspaper and tell them what's going on down here. I told her to go ahead and do that. I already knew that nothing was going on down here.

What a hoot!
The only person I have had argue with our policy in this regard was a Texas attorney. He actually said to me, "You must not know who I am." Being the smart ass I can often be, I won't post my reply to him.

sonny

I get a few of these and say our employees are in the field and can not be reached and they need to try a home listing if they have one. Like solicitors, these guys are getting slick. Got one the other day (well I am 99% sure) who tried using the employment verification route. Ticked me off.

Ruskanen

We have an answer to that too. "We only do employment verification by fax. Would you like our fax number?" Then they pretend to write it down, and very rarely do they send the fax. Works for us.

Don D

Not really related, but this discussion brings to mind something I blurted out to a caller one night. I had sent a resume in response to a blind ad. About two weeks later I get a night call and the caller ID indicates a Tennessee area code. I thought this was surely about my 4th telemarketer in a row. He states his name and says, "Have you got a few minutes to talk to me?" a rather benign intro. So, I responded, "Now why in the world would I want to set aside a few minutes to talk to you?" He rather kindly told me that I had sent him a resume. We had a pretty dry and short conversation, with him not getting beyond my comment to him. I never heard back from them. Guess I shot myself in the foot with that one. So, when we open our mouths we should have both eyes on our feet.