No one looks forward to debt collection calls. Fortunately, the Fair Debt Collection Practices Act (FDCPA) protects consumers against collection activities that abuse consumers or treat them in an unfair or deceptive manner. Types of debt covered by the act include any personal debt, including credit cards, car loans, medical bills, home loans and student loans. Protecting yourself from abuse starts with knowing your rights against collection agency harassment.
No Inconvenient Contact
The FDCPA requires that debt collectors call you at convenient times and places. It defines an inconvenient time as falling between 9 p.m. and 8 a.m., unless you give permission to call at other hours. In addition, collectors may not call you at your place of employment if you inform them, either by phone or by mail, that you are not allowed to take calls at work.
Stop Calls
Although the FTC recommends talking with debt collectors at least one time in an attempt to resolve the issue, you have the right to request, in writing, that the contact stop. Send the request via registered mail with a delivery receipt requested so that you'll know on what date your letter was received. After that date, according to the FTC, the collection agency can contact you only to let you know that it won't be contacting you anymore or to tell you that it's going to take a specific action, like bringing suit against you.
Third-Party Contact
If you're represented by an attorney in the matter of a debt collection, the collection agency must contact the attorney, not you, in its attempts to collect. However, it may not contact other third parties except to request your contact information: address, phone number and place of employment. In these cases, the collection agency is restricted to contacting the third party just once, in most cases. Otherwise, the FTC notes, the debt can be discussed only with you or your spouse.
Truthfulness Required
Collectors can't lie to you about the nature of their businesses or the consequences of your debt. For example, the collection agency can't lead you to believe it's a law office or that you've broken the law. Furthermore, debt collectors' communications can't state or imply that they're coming from an official source, like a courthouse or government agency.
No Intimidation
The FDCPA prohibits collection agencies from threatening to have you arrested. They also are prohibited from threatening to have your wages garnished or attached or your property sold unless such actions are legal and they actually intend to take them.
Verify Debt
Within five days of its first contact with you, the collection agency is required to give you a document called a "validation notice." The notice gives details about the debt, including how much is owed to what creditor. If you dispute all or part of the debt in writing or request verification of the debt, the collection agency may not contact you again unless it furnishes proof that the information is accurate.
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