Debt Collector Rules of Contact: Do You Know Your Rights?
March 30, 2014It’s stressful enough being contacted by a debt collector. It can be an absolute nightmare when you’re dealing with one that’s breaking the law. Unfortunately, many people do not know the difference. Unaware of their rights under the Fair Debt Collection Practices Act, consumers are unnecessarily victimized by illegal tactics that shady debt collectors count on being able to get away with. Don’t let them.
Where can a debt collector contact me?
A debt collector is allowed to contact you by mail at your home address and at your home phone number. They may also call your place of employment, but if you tell them that your employer does not allow such calls, the debt collector is prohibited from calling there again.
When can a debt collector contact me?
Unless you have permitted them to do so, debt collectors should not be contacting you before 8 am or after 9 pm. Debt collectors CANNOT contact you at ANYTIME under the following circumstances:
- They have yet to respond to your written request for verification of the debt, which you can request within 30 days of receiving the initial validation letter.
- They have received from you a written request that they cease communication.
Keep in mind, although a written request from you can cease communication, it in no way releases you from responsibility for the debt. You may receive one more communication from the debt collector stating they will no longer be contacting you or they may notify you of some action they plan to take, such as a lawsuit.
Who else can a debt collector contact about my debt?
When a debt collector is attempting to reach you, they may contact third parties (i.e., family, friends, colleagues) to ask for your home address, home phone number, or place of employment. However, debt collectors are prohibited from referencing anything about you owing a debt. And they are usually prohibited from contacting the same third party more than once.
Once a debt collector has your address and/or phone number, they may contact you about the debt. However, if you hire an attorney to represent you, the debt collector is prohibited from contacting you further and must go through your attorney instead.
What are debt collectors required to say in their contact with me?
In every communication from a debt collector, they must state they are a debt collector and that any information obtained will be used to effect collection of the debt. Within 5 days of their initial contact with you, a debt collector must follow-up with a written validation of the debt that states how much you owe, who you owe it to, and action you can take if you do not believe that you owe the debt. Also, at your written request, debt collectors must provide to you the:
- Name and address of the original creditor
- Verification of the debt proving it belongs to you
Note, both of these written requests must be made by you within 30 days of receiving the initial validation letter. Be sure to send these (and other written requests) via certified mail with return receipt.
What are debt collectors prohibited from saying in their contact with me?
Under no circumstances can debt collectors:
- Harass you with obscene language, threaten violence, or make repeated phone calls with the intention of harassing you.
- Make false statements, such as misrepresenting who they are, who they work for, or how much you owe.
- Threaten to have you arrested (you cannot be arrested for not paying a debt collector) or to garnish your wages if they have no intention of doing so.
If a debt collector violates your rights, file complaints with your state’s Attorney General, the Federal Trade Commission, and the Consumer Financial Protection Bureau.
This entry is a guest post by Meredith Simonds, the personal finance blogger for Credit Info Center. You can follow her on Twitter:@creditinfocentr.