The state of Illinois follows federal guidelines regulating debt collection practices for credit cards and other consumer debt. The Fair Debt Collection Practices Act FDCPA specifies the conduct and rules that debt collectors must follow. The Illinois Consumer Fraud and Deceptive Practices Act in conjunction with the Illinois Collection Agency Act protect consumers from unfair debt collection practices relating to credit card, family, vehicle and medical debts.
Contact Rules
In Illinois, debt collection companies may contact credit card account holders via e-mail, phone, the postal service or by fax. Debt collection laws give credit card account collectors the right to contact a debtors employer, family or neighbors to request current contact information on the debtor. Illinois laws and the FDCPA prohibit debt collection agencies from divulging the reason for their call to anyone other than the debtor or their legal representative; they may only ask for the debtors current phone number, address and employer.
Contact Restrictions
Debt collectors in Illinois may not telephone a debtor prior to 8 in the morning or after 9 at night unless they have prior permission to do so from the debtor. Collectors may not call the debtor at work if the debtor specifically requested that the collector cease from doing so in writing or orally. Debt collection agencies using an auto dialer may not contact the debtors cell phone without the debtors prior written consent, according to the TCPA Telephone Consumer Protection Act. Debt collectors may not make false statements, harass the debtor in any way or force the debtor to accept collect calls.
Debtor Rights
Illinois debtors have the right to stop calls and written communication from debt collection companies by making a written request to the collection company. The credit card collection company has the legal right to contact the debtor once more, advising them of any legal action against them or to state that there will be no further contact. Debtors have the right to request that a collector validate the credit card debt in a timely manner 30 days and to dispute incorrect information relating to a real or alleged debt.
Statute of Limitations
The state of Illinois considers credit card debt to be an open contract account. The statute of limitations for filing a lawsuit against an Illinois debtor in regards to credit card debt is five years. After five years, the debt is out of statute. Debt collection companies may legally file a lawsuit if the debt is out of statute, but the debtor can prevent the collection company from winning a judgment order by presenting an out-of-statute defense. Judgments in Illinois are valid for seven years but they may be renewed.
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