Know your rights
The first thing that a consumer should do is educate themselves about what a collection agency can do to collect a past due debt. The Fair Credit Collection Act was put in place to protect consumers. Consumers should carefully review this act before contacting the debt collector.Contact the collection agency
Whether a consumer elects to contact a debt collector by telephone or mail, it is important that an accurate record of the communication is made. This record can be important if the debt collector persists in contacting others regarding the debt. In most cases, it may be more beneficial to contact them by mail.Ensure that communication is clear
Consumers who elect to contact the debt collector by telephone, it is imperative that there is confirmation of the understanding that these telephone calls to family and friends must stop. This is one of the reasons why it may be better to write a letter versus making a telephone call.What happens if calls do not stop
In the event that a consumer is made aware that telephone calls are still being made to friends and family, additional steps may be needed. If the original contact with the debt collector was by telephone, sending a letter is the next step. Make certain that the letter is sent by registered or certified mail to confirm delivery.After mailing and confirming receipt of instructions to not contact friends and family members, calls should stop. Should they persist, the consumer then needs to take additional action. In this case, most consumers can find relief by contacting the local Attorney General for the state in which they reside.
Tips and warnings
Debt collectors by law are not allowed to divulge personal information to anyone other than the debtor (or a court) regarding any monies owed.Debt collection agencies are not allowed to misrepresent who they are. They cannot indicate that they are calling from an attorney's office unless they are an attorney.
Before making any payment to a debt collector, a consumer should (a) request an accounting from the debt collectors and (b) make sure the state does not have a statute of limitations on debt.
Debt collectors may use any means available to them to collect a debt. However, they cannot harass friends or family members after they are asked to stop contact. Consumers who are attempting to deal with past due debts will need to understand all of the rights that are afforded to them by consumer protection laws. Stopping telephone calls from debt collection agencies should always be done in writing, whether the calls are to the consumer, friends or family members.
