Collector - October 2016 - 12

COLLECTIONTIPS Work It Out When can you contact a consumer's employer? By Anne Rosso May D uring your collection calls, it's important for you to get an overall understanding of consumers' personal finances in order to help them figure out how they can pay their debt. Part of this process may involve asking about consumers' employment, their spouse's employment, and other bills and responsibilities they may have. But speaking directly with a consumer's employer isn't as clear-cut, and there are a number of legal limitations on when you can call the consumer's employer and what you can say. The federal Fair Debt Collection Practices Act prohibits you from communicating with a third party about a consumer's debt, and this includes the consumer's employer. Generally, the only time you can reach out to a consumer's employer is if you are looking to gather information for skiptracing purposes- to verify contact information and that the consumer works there-or if the consumer gives you permission to contact his employer. Even if you call the consumer's employer expressly to obtain location information for the consumer, you are only allowed to ask for a few specific pieces of information: the consumer's home address, home telephone number and place of employment. You can't ask other questions, such as how long the consumer has worked at the company, the consumer's salary or which days the consumer typically works. 12 Collector: Hello. This is Leonard Jones. I am calling to confirm information about Amanda Smith. Can you confirm that Amanda works at Downtown Deli? Employer: Yes, Amanda works here. Collector: Thank you for your time. Have a great day. for a debt collection company or even state your company's name as this information can indirectly reveal the existence of the consumer's debt. But what should you do if the consumer's employer directly asks for the name of your employer? In that situation, you must reveal your company's name. But again, only when expressly asked. Once the consumer's employer has given you location information, you can't contact the employer again unless you have reason to believe the information provided was incorrect or incomplete or the employer asks you to call back. You should also review state laws to determine if any other restrictions apply to these calls. Some states have placed additional restrictions on when and if you can call a consumer's employer. When you give your name to the employer, don't volunteer that you work Anne Rosso May is editor of Collector magazine. You must take care to ensure that you do not reveal the existence of a debt to the consumer's employer. Even if you don't explicitly tell the consumer's employer that the consumer has a debt, you could potentially violate the FDCPA even if you tell the employer that you are calling about an "important business matter." The safest approach is to keep your conversation with the consumer's employer as brief and succinct as possible. This is an example of a possible communication with a consumer's employer: ACAINTERNATIONAL.ORG http://www.ACAINTERNATIONAL.ORG

Table of Contents for the Digital Edition of Collector - October 2016

President’s Page
Industry News
Best Practices
FYI
Collection Tips
Connect the Dots
Looking Deeper
Head of the Class
Calendar
Honor Roll
The Formula of Five
How to Create Winning Bids and Proposals
A Running Start
ACPAC Election Watch
ACA’s Industry Advancement Program Aids Eleventh Circuit Win for Member Company
Compliance
ACA SearchPoint
Last Word
Collector - October 2016 - Cover1
Collector - October 2016 - Cover2
Collector - October 2016 - 1
Collector - October 2016 - 2
Collector - October 2016 - President’s Page
Collector - October 2016 - Industry News
Collector - October 2016 - 5
Collector - October 2016 - 6
Collector - October 2016 - 7
Collector - October 2016 - Best Practices
Collector - October 2016 - 9
Collector - October 2016 - FYI
Collector - October 2016 - 11
Collector - October 2016 - Collection Tips
Collector - October 2016 - 13
Collector - October 2016 - Connect the Dots
Collector - October 2016 - 15
Collector - October 2016 - 16
Collector - October 2016 - 17
Collector - October 2016 - 18
Collector - October 2016 - 19
Collector - October 2016 - Looking Deeper
Collector - October 2016 - 21
Collector - October 2016 - 22
Collector - October 2016 - 23
Collector - October 2016 - Head of the Class
Collector - October 2016 - 25
Collector - October 2016 - 26
Collector - October 2016 - 27
Collector - October 2016 - Calendar
Collector - October 2016 - Honor Roll
Collector - October 2016 - The Formula of Five
Collector - October 2016 - 31
Collector - October 2016 - How to Create Winning Bids and Proposals
Collector - October 2016 - 33
Collector - October 2016 - 34
Collector - October 2016 - 35
Collector - October 2016 - A Running Start
Collector - October 2016 - 37
Collector - October 2016 - 38
Collector - October 2016 - 39
Collector - October 2016 - ACPAC Election Watch
Collector - October 2016 - 41
Collector - October 2016 - ACA’s Industry Advancement Program Aids Eleventh Circuit Win for Member Company
Collector - October 2016 - 43
Collector - October 2016 - Compliance
Collector - October 2016 - 45
Collector - October 2016 - ACA SearchPoint
Collector - October 2016 - 47
Collector - October 2016 - Last Word
Collector - October 2016 - Cover3
Collector - October 2016 - Cover4
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