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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32762
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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In Colorado - Is it illegal landlord to call my boss

Customer Question

In Colorado - Is it illegal for my landlord to call my boss regarding the status of rent that is 10 days late? Am I wrong to believe he should be held to Fair Debt Collection practices?
Submitted: 7 months ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 7 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Unfortunately, no, the Fair Debt Collection Practices Act doesn't prohibit a creditor from contacting your place of work.

Both the federal FDCPA and the state FDCPA (which you can see at https://apps.americanbar.org/litigation/litigationnews/top_stories/docs/Colorado-Fair-Debt-Collection-Practices-Act.pdf) apply only to debt collectors and collection agencies. A creditor who is attempting to collect a debt for themselves is not covered by these acts. The state and federal versions are essentially the same and if you look at the definitions at the link I gave you then you will see that the restrictions you discuss do not apply to a "creditor".

Most people are under the same belief that you are and some states, such as Texas, do restrict first party creditors as well as collection agencies but CO does not.

Customer: replied 7 months ago.
is it OK for my landlord to discuss my past due rent with my boss without my consent?
Expert:  Dwayne B. replied 7 months ago.

It's not against the law, no. Morally it is wrong but the legislature hasn't seen fit to make it illegal.

I have to leave for a couple of hours for an appointment but I will be back on later this afternoon. You may want to read through that document that has the link above and then ask any follow up questions that you have. That document explains what is and is not allowed.