Debt2Assets

Calling Off The Debt Collector Dogs

You’ve fallen behind on your debt obligations and are finding it difficult, if not impossible to catch up. Debt collectors are calling you, demanding payment and threatening legal action. As if it wasn’t difficult enough to deal with your financial situation, now this.

Fortunately, you do have some rights as a consumer when it comes to debt and how debt collectors interact with you. The Fair Debt Collection Practices Act offers you protection by placing limitations on the way that bill collectors attempt to collect money from you. The Federal Trade Commission, which regulates the industry, has stipulated that the following conduct cannot be used when contacting you:

Phone contact window: Consumers can only be contacted between the hours of 8 a.m. and 9 p.m. Outside of this window, calls are prohibited.

Contacting you at work: Bill collectors can contact you at work, until you expressly tell them that they cannot.

Contacting you after you demand that they stop: You can demand that a debt collector stop contacting you if you put this demand in writing. The only exception to this rule is if the collector is contacting you that they are proceeding with litigation against you.

Attorney representation: If you an attorney is representing you, the collector can contact the attorney, but they cannot call you.

Bad debt lists: Your name cannot be added to a bad debt list nor can your information be shared with third parties (other than your spouse or your attorney) and the collector may not use threatening or abusive language in order to collect your debt.

Your credit report: Only factual information may be added to your credit report. Debt collectors may not threaten to add false or unsubstantiated information to your personal credit report.

In addition, debt collectors can not use deceit in order to collect a debt nor can they send to you a letter, post card or other embarrassing media suggesting that they are a bill collector. A debt collector can use their name on the envelope provided that it doesn’t mention that they are a debt collection business.

For consumers wanting to register a complaint, they may contact the Association of Credit and Collections Professionals for assistance.

Photo courtesy of Steve Woods.

Tags: ACA International, bill collector, debt collector, Federal Trade Commission, FTC