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:
- 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.
- 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.
- 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.
- 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.
- FTC Complaint Assistant
The FTC cannot resolve individual complaints, but we can provide information about what next steps to take. - Federal Trade Commission | Protecting America's
Consumers
The FTC is a bipartisan federal agency with a unique dual mission to protect consumers and promote competition. For one hundred years, our collegial and consensus-driven agency has championed the interests of American consumers. - NAAG | Current
Attorneys General
Current Attorney's General for all states
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