Saturday

How to stop harassing phone calls from creditors

Collection agencies make money only when and if you make a payment to them. This means that they may try to force you to make arrangements to pay bills by calling you constantly, sending you harassing mail and even calling your friends and family members.

What is important to know is that as a consumer, there are laws in place that protect you from practices that are considered unfair under consumer protection laws. While these laws do not excuse you from paying your debt, they do offer you protection against unscrupulous credit collection methods.

Debt collectors may call you at home after 8am and before 9pm. However, if you request that they not contact you by telephone, they cannot continue to call you. Debt collectors must also refrain from threatening you with arrest or property seizure if you fail to pay the debt. Debt collectors who engage in these practices should be reported to the Federal Trade Commission.

What steps to take
If you are getting calls from a collection agency and you are fed up to your eyebrows, there are certain steps you can take to protect yourself and stop them from contacting you. These steps are:
  1. Talk to them the first time -one of the best things to do is to talk to the debt collector the first time they contact you. This may help you resolve the matter immediately.
  2. If matter is unresolved - if the matter with the credit collection agency remains unresolved, you should (a) request they mail you a copy of the bill and (b) ask them to not contact you at work. Once you have requested they not contact you at work (verbally) collection agencies are prohibited from doing so.
  3. If telephone calls persist - if the credit collection agency refuses to stop contacting you by phone, in addition to making a record of when (dates and times) you have been called, you should write to them and request they stop calling you at home. When doing this, it is a good idea to ask for confirmation of mailing via registered mail so you have a record that they have been notified.
  4. Mailed with no results - consumers who are still receiving telephone calls after requesting in writing that the calls stop should send a second letter and advise the collection agency they intend to file a complaint. Remember, the consumer's rights are being violated if they refuse to stop calling. Consumers who are getting calls after requesting in writing that they be stopped should contact the Federal Trade Commission and file a complaint.
Helpful links
How to File a Complaint with the Federal Trade Commission
If you feel a creditor is being unfair and using prohibited practices, you have the right to file a complaint. There are some things you need to keep in mind about what options a creditor may use and which ones they may not use. Creditors:
  • May not use abusive, unfair or deceptive practices
  • May not contact you at work if you've told them not to
  • MUST accept any notification for non-contact whether verbally or in writing
  • Cannot contact friends or family members for your address
  • Cannot contact friends or family members for your phone number
  • Cannot contact friends or family members for your employment information
  • Cannot misrepresent themselves as an employee of the original creditor
  • Cannot claim to be a law enforcement officer; they do not have a right to arrest you!
What you need to file a complaint
To file a complaint, you will have to provide specific information to the Federal Trade commission. The information you will need includes:

  • Name and address of collection agency
  • Bill name or file number
  • Registered mail receipt if you used one
  • Phone log of calls between you and collection agency