Skip Tracing
A lot of times we get calls from clients who complain about a collection agency harassing their family members, friends, neighbors, co-workers etc. For example, we hear them say things like, “They called my brother who lives in Connecticut! I don’t even know how they got that phone number!” More often than not this is a case of skip tracing. Skip tracing is a process of pinpointing a person’s whereabouts. Collection agencies typically use skip tracing programs in order to locate a client to collect a debt. Essentially, they are able to type in the client’s name and pull up information on the client, including contact information for family members, neighbors, place of employment etc. The act of using a skip tracing program is not considered a Fair Debt Collections Practices Act violation. Collection agencies are allowed to use skip tracing programs, however, who they contact, how frequently and/or what they say to that individual may be called into question under the FDCPA. Sometimes, if the collection agency is already in communication with the client, but is having difficulty collecting on a debt, the agency may contact a third party person as a means of embarrassing or scaring the client into making a payment to them.
Under the FDCPA, a collection agency is only allowed to contact one third party person one time to obtain any contact information needed to reach the client directly. Therefore, if a collection agency contacts a third party person more than once or multiple third party individuals, this would constitute a violation. If the collection agency has already made contact successfully with the client, then at that point, it’s unnecessary for them to be contacting anyone else.
In our department, our logic is that, if a collection agency has the ability to utilize a skip tracing program to get in touch with a client’s friend, family member and/or neighbor, then they certainly have the ability to employ this skip tracing program to locate the client directly. Nonetheless, if you get wind that a collection agency is calling anyone other than yourself regarding your debt, than I strongly encourage you to contact our department.
Megan F.
January 31st, 2009 at 8:24 pm
I have been contacted repeated by UCB for a debt that they are attempting to collect from my ex-husband and his wife (I assume current but did not know he remarried). For each contact, I told them that I have not spoken with this person for at least 15 years, don’t know where he is, etc. On the last contact, they said they would remove my contact information and note that I did not know how to contact this person.
Last night however, they called and left a message for MY husband and stated that they believe he is a relative of this person and need to speak with my husband to find out how to contact their person. It was a real stretch to contact me, and I have since learned that every call they placed after the first one is not legal.
Now, they are contacting my husband as a supposed relative of my ex-husband? Come one….
I filed an electronic complaint with the FTC and submitted a query to the Oregon Attorney General’s office. But really, I just want them to stop harrassing me. I divorced the guy because I don’t want to have any contact with him or with anyone about him. If he were calling me, I would be able to get a restraining order to stop the harrassment. What am I supposed to do with these creeps?
Thank you.
February 1st, 2009 at 8:20 pm
It certainly appears as though this collection agency is violating the FDCPA. At your convenience, please contact our office at (866)339-1156 to discuss how we can help you with the harassment you are experiencing.
February 4th, 2009 at 2:47 am
Kim,
Megan is correct. It appears that UCB is violating the FDCPA. Under the statute they are permitted to contact third parties only to acquire location information. Additionally, they are not allowed to disclose that they are contacting the third party to collect a debt. Here, you are the third party. They are trying to contact you to locate your ex-husband. Since they have contacted you more than once, it is a violation of the FDCPA. Additionally, since you know they are calling to collect a debt, obvioulsy they have violated the statute by disclosing that information. Please get in touch with us at 866-339-1156 and we will end the harassment.
May 13th, 2009 at 11:13 pm
i cant believe that some people would go so low. Aswell as violating the FDCPA i also class is as harrasment and something should and must be done about this sort of thing. It is totally unacceptable.