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C., explained: We call these ‘third party disclosures’, a violation of Section 1692c(b) of the Fair Debt Collection Practices Act, and they are exceptionally common, particularly when the debt collector leaves a message on a public answering machine.

These public answering machine violations are called “Foti” violations after the landmark case Foti v. If a debt collector leaves a message for you on any conventional answering machine or any shared/open access voicemail system, they are likely to violate the third party disclosure restrictions per Foti, so save any machine message and/or voicemail which a debt collector leaves for you!

Debt collectors are not currently obligated to advise you that they cannot sue you or legally ding your credit report if you refuse to pay stale debt.” In most states, the statute of limitations runs four to six years from the date you last made a payment. “In some states, a voluntary payment on a stale debt can revive the debt and make it legally collectible,” Ginsberg said.

“While it is true that every state has a statute of limitations, which varies by state and by debt type, and that a collector may not sue or threaten to sue a consumer, the collector may still seek to collect the debt from the consumer so long as it is within the guidelines of the Fair Debt Collection Practices Act.” He also noted that under the Fair Credit Reporting Act, collection accounts may be reported for seven years.

You can learn more about what happens to debt after death here.

If you’re concerned about how your debt could be impacting your credit, you can check your three credit reports for free once a year through Annual Credit

It should come as no surprise that if you’ve fallen behind on your bills, you may be hearing from debt collectors.

If they do call, you will almost certainly hear that you need to pay them and that you need to do so immediately.

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