Consumer Rights Involving Debt Collectors

If debts are not paid in a certain amount of time, debt collectors have the right to contact the debtor and take legal action to collect the debt. However, debtors have rights, too. Debt collectors cannot harass them, threaten them or otherwise act unfairly toward them to collect the debt, and debtors have the right to secure representation from an attorney regarding the debt.

Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from engaging in unfair, deceptive or manipulative practices in an attempt to collect a debt. For example, debt collectors may not threaten to have debtors arrested or call them in the middle of the night in an attempt to collect the debt. The FDCPA applies all personal debts, but it does not cover debts incurred while running a business.

Phone Calls and Contact

Debt collectors may contact debtors only between the hours of 8 a.m. and 9 p.m. In addition, debtors can request in writing that debt collectors refrain from calling them at work and can demand, via a wrttien request, that they cease contact altogether. If a debtor takes this action, debt collectors cannot contact the debtor except to inform him of a lawsuit or other action taken against him to collect the debt.

Other People

A debt collector must contact your attorney if you secure representation regarding a debt. Debt collectors also may contact others, such as your relatives and employers, to attempt to locate you. The debt collector must limit the conversation with these people to a request for contact information, such as your current address or phone number. The debt cannot be discussed with these people.

Deceptive Practices

Debt collectors cannot lie to debtors in an attempt to collect a debt. For example, debt collectors cannot send you official-looking forms and claim they are legal documents when they are not, nor can they threaten to garnish your wages if it would be illegal to do so. Debt collectors also cannot threaten to sue you if they don't intend to do so.