Can a creditor represent himself falsely when calling your employer?

Question

Can a creditor represent himself falsely when calling your employer?

Answer 1

He's right...but it's the Fair Debt Collection Practices Act.

Answer 2

Not in the US. Can't even call your employer, matter of fact they may lose any chance on collecting on the debt, it's called the Fair Credit Reporting Act.

http://www.ftc.gov/os/statutes/031224fcr...

Answer 3

No they can not.  In fact even contacting ones employer can be illegal as per the FDCPA 15 U.S.C. § 1692c. Communication in connection with debt collection

(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--

(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.

(b) Communication with third parties

Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not

communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

His actions also fall under the following: 15 U.S.C. § 1692e. False or misleading representations

If I were you I would notify this person and advise them that you know your rights under the FDCPA and will seek civil suit if this practice continues.  Have your employer advise them if they call again that the company does not allow for this practice.

Hope this answers your question

LEGAL DISCLAIMER:  The advice contained herein is for informational purposes only.  It is not to be construed as Legal Counsel nor Legal Advice.