If you’ve ever been harassed by a collection agency harassment, you know it isn’t pleasant. Dealing with a collection agent can be a miserable experience and it can feel like there is nothing you can do about it. Fortunately, there are federal laws that prevent collection agencies from several types of harassment. It’s called the Federal Debt Collection Practices Act and it states specifically what collection agencies can and cannot do when attempting to collect a debt.
Collection agents can only call you between 8:00 am and 9:00 pm. If you tell them you don’t want them to call you any more, they must cease and contact you only via mail in the future. Collection agents cannot call you at work if you notify them that your employer doesn’t allow it. They also cannot tell your employer they are a debt collection agency or that they are contacting you to collect a debt. After a collection agent makes an initial phone call to you about your debt, they need to verify it in writing within five days. Once you receive that letter, you have 30 days to demand verification of the debt. If you do request verification, the agency cannot call you again until they have provided that documentation.
Collection agency do not have the right to call you continuously in order to harass you into payment. They cannot use profane or obscene language when they speak to you. They don’t have the right to insult you or anyone else. They can’t threaten to take you to court, sue you, damage your credit rating or garnish your wages – unless they actually intend to do so.
Collection agencies can contact third-parties to try and locate you, but they cannot share any other information with them- and they cannot call third parties repeatedly. Under no circumstances can they tell the third parties that you owe money or how much money you owe.
It’s important to know that the rights and responsibilities of the FDCPA apply to debt collectors, not to original creditors. An original creditor is the person or business you originally purchased goods or services from that you legally owe money. A debt collector is a third party who was assigned the debt by the creditor or who purchased the debt- usually for pennies on the dollar. Lawyers for debt collectors are also bound by the FDCPA.
