Can a bank call a third party to collect a debt?

by Barb
(Covington, KY)

Today is 2/23/11 and I received a phone call from a bank asking to speak to me. They wanted me to contact my daughter and have her call them right away. They said they have been trying to contact her for several days and have been unable to get her. They want me to call them and let them know the best time to call her, or call her and have her call them. This is about the fourth time in the past several months this bank has done this. I've called them back twice and asked them what this was regarding and they told me I was put down as a reference. But, if that was the case, why did they want me to contact her and have her contact them. I've asked them to stop calling me, but to no avail. Is there anything I can do to get this stopped? I have a feeling they are trying to collect on a past due payment or something similar and this is not a "reference" call. I've had people call me for references before and they have never asked me to contact the person I was giving the reference on for them.

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Mar 04, 2011
Can a bank call a third party to collect someone else's debt?
by: DebtCollection

Unfortunately, the federal Fair Debt Collection Practices Act, which would provide you with some protections if you were being contacted by an outside debt collector or an attorney who had been hired to collect a debt, does not apply to in-house debt collectors, which is who I assume is contacting you about your daughter's debt. Also, my information indicates that KY does not have its own debt collection law, which might have covered in-house collectors. Given these facts therefore, here are your options:

1. Ask to speak to a supervisor next time someone from the bank calls you about your daughter. It's possible that the supervisor will put an end to the calls.

2. Send a letter to the bank asking it to stop calling you. Make a copy of the letter and send the original via certified mail with a return receipt requested. Call the bank to try to get the name of the specific person to whom you should address your letter.

3. Ask your daughter to contact the bank about her debt.

4. Contact a consumer law attorney in your area to confirm that there is no law in your state that could help you stop the calls.

Best of luck resolving your problem. I hope my suggestions help.

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