Their is a collection agency for a credit card that has threaten to go to my place employment if I do not return their call. Is this something they can say or do or is it against the law? They also called my mother and husband and lied and told them they are down for contacts, i never once gave them that information.
Lawsuit / Dispute Attorney
No. If this debt is primarily consumer in nature, the the Fair Debt Collection Practices Act, both federal and California, should apply and prohibit such harassing calls to others that reveal embarrassing information to third parties. Was this a loan with a payday lender? They are usually the worst and often do not worry about the FDCPA, they just go on their merry way harassing people and risk getting sued for the consumer's actual damages and attorney's fees.
You should immediately consult a consumer attorney (see link below) who handles debt collection harassment, to see if this is worth pursuing, as not all debt collectors are even worth suing, as they work out of some weird place, such as an apartment, with many phones, calling and harassing until they get shut down by the Attorney General, the FTC, or sued out of existence.
Robert Stempler (please see DISCLAIMER below)
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Consumer Protection Attorney
If your credit card debt was not for a business, the collection agency is violating the Fair Debt Collection Practices Act (FDCPA). They are allowed to call third parties to locate you, but once the agency knows your location information, they cannot call third parties. The agency cannot disclose the existence of the debt to any third parties (except your spouse). They can come to your workplace to serve with a law suit, but it sounds like the threat is more to intimidate you. Under the FDCPA, if an agency has violated the law, you are entitled to up to $1000, and they must pay your reasonable attorneys fees and costs.
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