Whether a collector is calling for a legitimate credit card debt or for one that a consumer does not owe, the collector must follow the rules set by the Fair Debt Collection Practices Act. Unfortunately, many collectors do not. To seek relief from harassing calls, understand the rules and where to report violations.
Basic Rules
Become familiar with some general guidelines to spot violations of the Fair Debt Collection Practices Act, which prohibits collectors from using abusive, unfair or deceptive practices in pursuit of debt repayment. Collectors are not allowed to call before 8 a.m. or after 9 p.m. If informed that the consumer cannot accept calls at work, collectors cannot call a consumer's place of employment. Collectors cannot threaten consumers with violence, use profane or obscene language, or make false statements. Commonly encountered false statements include threats of impending lawsuits or imprisonment, or claims that the collector is an attorney or government official.
Federal Trade Commission
Report illegal or harassing collection practices to the Federal Trade Commission or FTC. The FTC works to prevent consumer abuse in a variety of fields, including credit card collections. The FTC records complaints made against collectors and may bring charges against a collector for repeated violations of the Fair Debt Collection Practices Act and other regulations. The FTC can also provide basic information to consumers n dealing with credit card collectors.
Attorney General
Report harassing behavior from a credit card collector to your state's attorney general. Among other duties, the attorney general represents the interests of consumers in his state. Depending on the specifics of the violation, the attorney general's office may take action on behalf of the consumer. Many states have laws that are even more restrictive than the Fair Debt Collection Practices Act. The attorney general will have information on your state's laws and can assist you with determining illegal collection activities and the proper course of action.
Other Recourse
Consumers may contact an attorney to file suit against a collector for violating the Fair Debt Collection Practices Act or other applicable laws. The act allows consumers to collect $1,000 even if the consumer cannot prove actual damage. The consumer can also sue the collector for attorney fees. In the case of threats of violence, consumers should file a report with their local police department. Consumers can also make a complaint with the Better Business Bureau about the harassing behavior of a collector.
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