Do You Know Your Debt Collection Rights?
There are many people across the nation that are deeply in debt and many of these individuals have had to deal with a debt collection agency at some point in the last several years. The debt collection industry has repeated come under fire in recent years for aggressive debt collection practices and many individuals are aware that they can report aggressive collection agents and agencies to the Better Business Bureau to document the harassing actions. What many individuals do not know is that the Federal Trade Commission of the United States Government has passed a Fair Debt Collection Practices Act that specifically details the rights of the individuals being contacted by the debt collection agency and lists the actions that debt collectors are not allowed to take.
1. You Can Stop The Collector From Contacting You
Many individuals being contacted repeatedly by aggressive debt collection agents do not know that they can legally have the harassing phone calls stopped by submitting a request in writing that the collection agency stop contacting them. Once the request has been received by the debt collection agency, they cannot contact you for any reason other than to tell you that your letter has been received and they will no longer contact you. Stopping the collection agency from contacting you does not erase the debt that is owed and the collection agency may decide to sue you in court to recoup the funds that they are owed.
2. Collection Agencies Are Not Allowed To Contact Debtors After 9pm Or Before 8am.
The hours in which the debt collection agency is allowed to contact you are explicitly spelled out in the Fair Debt Collection Practices Act. Debt collection agencies must adhere to these time constraints unless they receive permission from you to contact you outside of these times.
3. Debt Collectors Must Send You A Written Notice Describing The Debt.
If a debt collection agent contacts you to tell you that you owe money to the company, within five days of the initial contact, the debt collector must send a written notice describing the debt, listing the amount owed, and disclosing the steps that can be taken by the debtor if they believe that they do not owe the debt.
4. Many Aggressive Debt Collection Practices Are Prohibited.
Debt collection agencies and their agents are expressly prohibited from the following:
- Using obscene or profane language when talking to the debtor
- Threatening violence or harm
- Misrepresent who they are by claiming to be an attorney, from the credit bureau, etc.
- State that you will be arrested for not paying the debt
- Collect any amount greater than the debt owed
- Misrepresenting documents sent to you as legal documents when they are not
- Publish the names of individuals that they are attempting to collect a debt from
5. Debt Collectors Cannot Repeatedly Contact You At Work If Your Manager Disapproves.
The actions of the debt collection agency are not allowed to interfere with your employment and this includes calling you at work when your boss disapproves of the contact. If collection agency repeatedly contacts you at work knowing that it could affect your employment, they could face sanctions from the Federal Trade Commission.
A more complete list and description of debtor’s rights are listed in the Fair Debt Collection Practices Act released by the Federal Trade Commission. If a consumer has experienced any of the prohibited or harassing tactics listed in the Fair Debt Collection Practices Act, they may report the debt collection agency to the Federal Trade Commission or to the Attorney General of their state for investigation.
Related Content: -
A Classic Debt Collection Story Last week I asked email newsletter subscribers for their experiences with debt collection agencies. I’ve been fortunate never to have crossed paths with a debt collector so I was looking for stories to help put me in the shoes of those who have. I read about stories of people paying...... -
Who Is Responsible For Paying The Debts Of A Deceased Relative. After a relative dies, the last thing grieving family members may expect are calls from debt collectors asking them to pay their loved oneâs outstanding debts. According to the Federal Trade Commission (FTC), the nationâs consumer protection agency, a surviving relative usually has no legal obligation to pay the debts...... -
Credit Law Repair Warns Debbie Not To Take Advice From A Debt Collection Attorney! Credit law repair attorneys come in all shapes and sizes. Some help...some lie with malicious intent. Do you really think an attorney collecting on bad debt gives a hoot about you? Debbie owes a credit card debt. Her luck ran out and she got served. When that sheriff showed up...... - 10 Reasons Why Debt Collection Agencies use 0800 numbers Numerous debt collecting agencies in the UK use 0800 telephone numbers as their main contact lines. The primary reason for this would seem instantly apparent – using an 0800 number would enable debtors to be able to contact them free from a landline – meaning they are more likely to......
-
Can a Collection Agency Sue for a Debt? Let’s assume for one second that you failed to stay informed about your credit by obtaining your free credit report. Out of nowhere, you get hit with a bunch of the repercussions that come with having bad credit. One thing that could make it worse is a lawsuit, but more......
Leave a Reply