Fair Credit Collection Act of Pennsylvania

Debtors who live in Pennsylvania are beneficiaries of federal and state laws that protect their rights against abusive bill collectors. While the federal Fair Debt Collections Practices Act (FDCPA) protects consumers against many collection tactics, including late-night and early-morning phone calls and violations of privacy, Pennsylvania's Fair Credit Extension Uniformity Act (FCEUA) offers debtors additional protections.

Contact

A bill collector cannot contact you at a time or place that is inconvenient for you to take his calls. Both Pennsylvania and federal law state that an inconvenient time should be assumed as before 8 a.m. or after 9 p.m. unless the collector has been informed otherwise. A bill collector cannot contact you at work if you have informed the collector that your employer does not permit you to take such calls. The collector may not contact you via postcard, and the FCEUA states that a collection agency's envelopes must only contain its name and return address: No other words or symbols are allowed.

Privacy

If a bill collector has to contact third parties, such as friends, relatives, employers or neighbors, to locate you, the collector is not permitted to disclose that you owe a debt, and is only required to disclose his employer if asked. The collector cannot contact someone more than once to ask about your whereabouts, unless that person gives the collector permission to call, the collector has reason to believe that the person gave him inaccurate information or may have more information to give him.

Threats

Pennsylvania and federal law make it illegal for a bill collector to make empty threats against you. For example, a bill collector can't threaten to sue you if she doesn't actually intend to file a lawsuit. A bill collector also can't threaten to take an action that is not permitted under federal or state laws. Pennsylvania law does not allow wage garnishment, unless the debt is for a student loan, taxes or child support payments. If your debt doesn't fall under one of these categories, and you live in Pennsylvania, it is illegal for a debt collector to threaten to garnish your wages.

Fees And Postdated Checks

Bill collectors cannot require you to pay additional fees or interest unless the law allows for such charges, or your original contract permits such additional charges. The FCEUA also makes it illegal for the collector to deposit a postdated check before the date actually written on the check.

Prevention/Solution

The Pennsylvania Attorney General's website advises consumers to avoid excessive debt altogether, and to keep good records of their regular bills and expenses. If a bill does not arrive in the mail, you should contact your creditor at once to avoid late fees and negative reporting to your credit reporting. Never ignore a bill from a creditor or a letter from a collection agency. If you think that the creditor or collector sent you a bill in error, contact the sender to get the matter cleared up. Ignoring a communication from a creditor or bill collector can make matters worse over time, and seriously damage your credit report.