If you have bills you are unable to pay, chances are a collection agency will acquire the debt and take steps to collect the money owed. While agencies have a right to attempt to collect the money, they do not have free reign to make harassing phone calls. Collection agencies must follow certain guidelines for making debt collection calls, which are detailed in the Fair Debt Collection Practices Act, or FDCPA. The FDCPA is enforced by the Federal Trade Commission, which protects consumers from abusive attempts to collect debts. Failure to operate within the guidelines can result in penalties for the collection agency.
Harassment
A collection agency is prohibited from using harassing tactics to collect a debt. This includes obscene language, threatening language and threats of bodily harm. They can't make false statements to scare you into paying the debt. Some collection agencies pretend to be an attorney, accuse you of breaking the law or lie about the amount you owe. None of these practices are allowed. The collection agency cannot threaten arrest, nor can it threaten legal action it is not authorized to take or doesn't intend to take.
Inappropriate Calling
Collection agencies cannot call you before 8 a.m. or after 9 p.m., times when you might be asleep. They can only call outside of these hours with your permission. They can't contact you at work if you advise them either by phone or in writing that you are not allowed to receive calls on the job. Violating either of these guidelines is inappropriate behavior.
Sharing Your Information
A collection agency may contact your family or friends only to find out your address, phone number or work location. They are not allowed to make excessive calls, and are usually limited to calling only once. They are not allowed to discuss your debt with a third party unless it's your spouse or attorney. Your debt is a private matter between you and the collection agency. They cannot use your family and friends to try to intimidate you.
Your Options
Whether you owe the debt or not, you can request in writing that the collection agency stop contacting you. After receiving the letter, the collection agencies can only contact you either to advise you of legal action they plan to take against you, or to advise you that they will no longer contact you. If you take this route, you are still liable for the debt, but you don't have to speak with the collection agency.
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