LOOSE LIPS, LEGAL TROUBLE — When Debt Collectors Cross the Line with Your Spouse
Debt Collectors Are Talking—But Are They Breaking the Law?
Debt collectors often push the boundaries of aggressive tactics. But what happens when they bring your spouse into the equation? Can they legally do that?
Under both federal and California state law, debt collectors have strict guidelines about who they can contact—and what they can say. Unfortunately, not all collectors follow the rules, and some take liberties that may violate your consumer rights.
At R23 Law, our California Debt Collection Harassment Attorneys work with clients across the state who’ve been subjected to unlawful collection practices. If a collector contacted your spouse about your debt, it’s time to understand where the line is—and what to do when it’s crossed.
FDCPA & Rosenthal Act: Two Lines of Defense for Californians
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive, deceptive, and unfair debt collection practices. In California, these protections are expanded under the Rosenthal Fair Debt Collection Practices Act—giving residents even stronger consumer rights.
On page 2 of the uploaded article, key restrictions under these laws include prohibitions against:
Contacting consumers outside of the hours of 8 a.m. to 9 p.m.
Repeated or harassing phone calls
Using threats, profanity, or false claims
Failing to identify as a debt collector
Contacting consumers at work after being told not to
Discussing your debt with unauthorized third parties
So, Can They Talk to My Spouse?
Here’s the nuance: under the FDCPA, your spouse is not considered a third party. That means debt collectors can contact your spouse regarding your debt unless you’ve provided explicit instructions otherwise or have legal representation.
However, they cannot:
Mislead your spouse about the nature of the debt
Share information not relevant to the debt
Pressure your spouse to pay or act as if they are legally responsible (unless they actually are)
Contact your spouse if you are represented by an attorney—they must go through your lawyer
And if a collector goes beyond that line—such as using threatening language or misrepresenting facts—they may be in violation of both federal and California law.
What If You Have an Attorney?
Collectors must cease communication with you and your spouse if you have an attorney representing you regarding the debt. As noted on page 2 of the source, debt collectors are legally required to communicate directly with your lawyer once they are notified of representation.
If they continue contacting you or your spouse, this could be grounds for a debt collection harassment claim.
Take Action If a Debt Collector Crosses the Line
If you believe a collector has unlawfully contacted your spouse, you may have a right to pursue compensation under the FDCPA or Rosenthal Act. Depending on the severity of the violation, you may be eligible to recover:
Statutory damages up to $1,000 under federal law
Actual damages including emotional distress, lost wages, and more
Attorneys’ fees—meaning you don’t pay unless we win your case
R23 Law Stands Up to Harassing Debt Collectors
At R23 Law, we are committed to defending Californians from debt collector abuse. Our R23 Law California Consumer Protection Attorneys have extensive experience litigating against collection agencies that use illegal tactics—whether it's overstepping boundaries with your spouse, calling your employer, or using intimidation.
📞 Contact R23 Law today for a free consultation. We’ll review your case, explain your rights, and help you take back control.
