Debt is often a taboo subject, despite the fact that the overwhelming majority of Americans carry some debt. However, it can still be overwhelming to be in debt, especially when you are facing harassment from creditors and collectors. You may be familiar with the fact that you have rights when interacting with collectors, but when they discuss your debt with your spouse, you may wonder if this violated the rights in place. If this reflects your circumstances, you’ll want to keep reading to learn whether or not this is permissible and the importance of working with a Los Angeles, California debt defense lawyer to help you fight for justice.
What Rules Must Debt Collectors Follow?
If you are contacted by a debt collector, it’s imperative to understand the rules in place that they must adhere to when interacting with those in debt. Generally, collectors are bound by the Fair Debt Collection Practices Act (FDCPA), which creates guidelines regarding acceptable behavior. However, the FDCPA only applies to third-party collectors, meaning original creditors do not have to adhere to these rules.
In California, however, the Rosenthal Fair Debt Collection Practices Act was implemented, expanding protections for consumers against harassment. As such, this act includes many of the same rules and prohibited behavior, all the while applying to original creditors.
Common behavior prohibited under the FDCPA includes, but is not limited to, the following:
- Calling outside of permissible hours (8 a.m. to 9 p.m.)
- Placing a number of calls in a short period
- Failing to identify themselves as a debt collector
- Pretending to be a member of law enforcement or a lawyer
- Using vulgar or obscene language
- Making threats
- Speaking to others about your debts
- Publishing your name publicly as a debtor
- Calling you at your place of employment after you’ve explained that you cannot take personal calls
If a creditor or debt collector violates the terms of the FDCPA, it’s imperative to understand what legal actions you can take. Generally, this warrants statutory damages of up to $1,000 per violation, so long as you can show that the violation occurred.
Are Debt Collectors Allowed to Talk About My Debt With My Spouse?
As mentioned, debt collectors and creditors are generally limited in whom they can talk to regarding a debt. In most instances, this is just you or your attorney. However, if your spouse has been contacted regarding a debt in your name, this is generally not a violation. Under the FDCPA, a consumer includes a spouse, parent (if the consumer is a child), guardian, executor, or administrator.
Additionally, California is a community property state. As such, all assets owned by you and your spouse are considered owned equally by both parties. As such, your spouse can be contacted in regard to a debt in your name even if you are the sole signer, as they can be found legally liable for the debt.
When your spouse is contacted in regard to a debt in your name, it can be frustrating, but not necessarily a violation of the FDCPA. However, it’s still in your best interest to contact an experienced attorney to help you deal with the harassment you face in regard to an outstanding debt. At Los Angeles Legal Solutions, our dedicated legal team will do everything possible to help guide you through these difficult times. When you need assistance, don’t hesitate to contact us today.
