Missouri does not have many state laws regarding debt collection practices, so the state primarily adheres to the federal Fair Debt Collection Practices Act, or FDCPA, which can be found in the United States Code at 15 U.S.C. 1692-1692p and on the Federal Trade Commission (FTC) website. Medical debt is classified as consumer debt, which is personal, family or household debt, and not debts incurred by a business. The FDCPA laws only apply to consumer debt.
Address Information
Debt collectors must follow strict guidelines when trying to get information about your location. The debt collector must identify himself to you and state that he is confirming or correcting your address information. He also cannot communicate with any person more than once unless he is specifically asked to do so or if he believes the person is withholding your location information. Collection agencies cannot communicate by postcard or use any language or symbol on any envelope that indicates they are a debt collector, even correspondence to your home. The information that you owe a debt must be kept completely confidential.
Communication with the Consumer
Debt collectors cannot talk to you at a time or place that is known to be inconvenient for you, such as at work, if you inform them of such. Collectors can make calls to you any time between 8 a.m. and 9 p.m. in your time zone. If they learn you are represented by an attorney, the collection agency is required to get the attorney's contact information and deal with him directly. Debt collectors are not allowed to discuss your debt with anyone but you and your spouse or guardian unless you give them express permission to do so, or a court decides it is necessary to communicate with someone else. If you notify the collector that you are not going to pay the debt and you do not want further contact, the collector cannot contact you again except to tell you that they will no longer be contacting you and to notify you that they may be forwarding your account to the next stage of collections. If such notice from the consumer is made by mail, notification shall be complete upon receipt.
Harassment or Abuse
Collectors are never allowed to harass or attempt to intimidate you because of your debt. Examples of harassing or abusive behavior by a collector are: threats of violence against you or your property; using vulgar or profane language; publishing a list of people who allegedly refuse to pay their debts (except to a credit reporting agency); advertising to sell a debt to try to force you to pay; calling your house over and over to harass you; or calling you without telling you who they are. If you experience this kind of treatment by a collector, report it to the FTC as well as the collector's supervisor immediately.
Other Guidelines
The FDCPA covers several more guidelines for debt collectors. Collectors are never allowed to make false claims in order to get payment from you. Collection agencies are not permitted to charge extra interest or fees on a debt unless it was stated in the original debt that it would be allowed. They are not allowed to cash a check that was post-dated more than five days unless they notify you in writing that they are taking the payment (a reminder notice). If you request in writing that the collector verify the debt, they cannot continue to try to collect until they have verified the debt as valid. All of these guidelines are legally enforced by the Federal Trade Commission.
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