Q.When can a collection agency disclose the existence of my debt to someone other than me?

A.A collection agency is not permitted to disclose the existence of your debt to anyone other than you, except in the following limited circumstances: (1) the other person is also legally responsible to pay the debt; or (2) your creditor has obtained a judgment against you and the collection agency is contacting your employer to garnishee your wages.

Except for the two narrow exceptions referred to above, where a collection agency discloses the existence of your debt to someone other than you it is has committed a third party disclosure which is likely a violation of the statute in your province regulating collection agencies as well as the relevant privacy law in your province. It is a very serious matter for a collector or a collection agency to commit a third party disclosure.

A collection agency is permitted to speak to anyone for the limited purpose of obtaining contact information for you; for your residence address, the name and address of your employer, and a telephone number where you can be reached. If a collection agency contacts your neighbours, friends, family, household members or co-workers these individuals can decline to provide any contact information to the collection agency employee.

If you want to learn more about what conduct on the part of collection agencies operating in your province is illegal you may want to speak to Mark Silverthorn or buy a copy of his e-book titled A How-to Guide for Dealing with Collection Agencies in Canada .