Debt Collectors Rights
The phone rings, and your nerves rattle. You have fallen a little bit behind on some bills, and you fear the dreaded calls from the debt collectors.
While we all acknowledge the need for debt collectors in our society, there is no less respected position on the planet. But don’t feel bullied by debt collectors. There are some things you should know about what they can and cannot do, and hopefully, armed with this knowledge, you won’t fear those phone calls again.
To start with, all debt collectors are subject to the rules of the Fair Debt Collection Practices Act. This set of rules was established to prevent debt collectors from unfair practices, such as using deception or abuse to collect a debt.
The first thing you should know about the rules is that debt collectors may not call you before 8 o’clock in the morning, nor may they phone you after 9 o’clock at night. Calls placed between the hours of 8 a.m. and 9 p.m. are considered to be made at an acceptable time.
If your employer does not allow you to receive phone calls at work, a debt collector may not contact you at work. You will need to notify the collectors that they are not permitted to phone you at work, and they must cease making phone calls at your place of employment.
Collectors are not permitted to harass, oppress or abuse you. By this they mean that they may not call you names, make threats against you, phone an inordinate number of times, or use foul language. Violations can be reported to the Federal Trade Commission or to the state attorney general’s office in your state.
Debt collectors may not lie to you. They cannot tell you that you are being sued unless they actually intend to sue you. They cannot threaten to garnish your wages unless it is legal for them to do so in the instance for which they are contacting you. It is also not permissible to imply that you have committed a crime.
You have the right to know the identity of the debt collector. They must provide you with their name and the name of the agency for which they work.
If you ask for them to do so in writing, a debt collector must stop calling you. Make sure when you send the request to the agency that you keep a copy and send it with a return receipt request so that you know when your letter was received by the agency.
You also have an absolute right to privacy. A debt collector may not discuss your debt with anyone other than you, and while they may contact friends and relatives in an effort to locate you if they cannot find you, they may not discuss with those people why they are trying to reach you. They are also only permitted to contact those people one time.
Knowing your rights will help you keep your wits about you when you receive these phone calls. Debt collectors are entitled to do their job, but it’s up to you to make sure they do it right.
To file a complaint against a debt collector, you may use the Federal Trade Commission’s Consumer Complaint Form, and the FTC will investigate.
Source – Federal Trade Commission