Are Debt Collectors After You? Make Them Stop!

You've been living a decent life. You follow the rules, love your family, are a member in good standing in your community, and are proud to be an American. Through no fault of yours, you've been a victim of a job loss or a sudden medical emergency. Whatever the reason, you miss a couple of payments and what happens? The debt collectors start to call. Somehow, they find you at your place of employment and call. Is that humiliating or what?

Let's take a brief look at the situation from the debt collector's point of view. Their income is frequently derived from a commission based on the amount of money collected. They have heard every situation and sob story as to why people can't pay their bills. Your story will probably not bring much sympathy from them. It's easy to see how someone who is already stressed about missing some payments can be in fear from these aggressive collectors who are determined to get their fees.

What is it that debt collectors are allowed to do?

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They are allowed to contact you by mail and telephone and fax or in person. When they do they must identify themselves and notify you that this communication is from a debt collector.
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They must give you the name and address of the original creditor upon your request.
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The debt collector must notify you of your right to dispute either in part or in full the alleged debt.
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They may also contact other people to find out your telephone number, workplace, or address, but they are not allowed to inform them that you owe money or contact them more than once.

What can debt collectors NOT be allowed to do?

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They may not contact you before 8 a.m. or after 9 p.m. unless you have agreed to the contact.
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If you have verbally or in writing told them that contacting you at work is not acceptable, they may not call you there.
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If you have given them written notice that you wish no further contact or you refuse to pay the alleged debt, they may not contact you again.
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They are not allowed to misrepresent the debt or use deception to collect it.
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They cannot add extra fees or charges to the original balance. (Your local laws may allow these extra fees.)
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No abusive or profane language may be used.
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They may not report false information on your credit report or threaten to do so.

What you can do if you are harassed.

The Federal Trade Commission (FTC) has a Fair Debt Collections Practices Act (FDCPA). It was established to eliminate abusive practices in the collection of consumer debt, to promote fair debt collection, and to give consumers rights. Knowing your rights will put off even the most determined collector since they know the law and are assuming you do not.

You can find out more about your rights from the FTC. If you wish to report aggressive debt collectors, you can do so by contacting the FTC or your attorney general. If indeed the debt collectors are breaking the law, you have the right to sue.

Sources:

Federal Trade Commission
Fair Debt Collections Practices Act