Protect yourself, and don't avoid the calls, give a future date of payment or a time frame where you would like them to call you back.
Things Debt Collectors Do Not Want you to Know!
Amount of Calls (contact) Per Day:
Depending on your state law, collectors cannot contact you more than once in a day unless given your consent. If you have spoken to a debt collector and identified yourself, and hung up on them, they legally cannot call you back that day. If they think it may have not been you they may attempt to call back. Many collectors will call many times a day without permission. If no contact is made call may be made to each of possible phone numbers they have on file to reach you.
Calling Neighbors
Debt collectors can and will call your neighbors. The catch with this one is that the debt collector cannot ask for the neighbor to relay a message to you. The collector has to phish around until the neighbor offers to give a message to the cardholder. Collectors can call relatives and depending on the laws in your state can leave a general "important business" message with them.
Hardship Programs are Available: Credit card companies want your late fees, overlimit fees, and money from extremely high interest. They don't want to let you know that hardship programs are available that will reduce your monthly payments, waive overlimit and late fees, and also significantly reduce your interest rate for a year. You must demonstrate a hardship which could be anything from your hours cut at work, being laid-off, a disability, being overextended, or any viable excuse you can think of. You have to sound like you have no other options and you are absolutely unable to make the current payments. This is a reason you want to keep contact with a debt collector, they can help you in some circumstances. If you avoid calls and are rude to the collectors, they are much less likely to mention a hardship program. (because it usually looks bad on them because banks loose money with each hardship program given)
Cellphones: If you are receiving debt collection calls on your cellphone, you can tell them to take your cellphone off of your file and that they are not allowed to call that number. Unlike home phone numbers, once told not to call, debt collectors cannot continue to call your cellphone.
Calling Times: Debt collectors can call from 8 a.m. to 9 p.m. in your timezone. In my call center many "account representatives"(fancy name for debt collector) would accidentally call a state in a time zone when it was not legal. I once called Hawaii at 4 in the morning. If you receive a call before 8 a.m. to 9 p.m. do your best to have a record of the call and contact an attorney to pursue legal action.
Answering Machines: Debt collectors are not allowed to leave any personal information or any language that implies you have a direct account with that institution. We would constantly say "this is in regards to business and it is urgent that you return my call". If a collector says "your account" or gives any personal information, you may be able to pursue a suit, or at least have bargaining power when you discuss your account.
Calling you at Work
Most debt collectors can call you while at work unless your superiors disapprove of this (which 99% most likely would). You need to tell the debt collector that your supervisor/superiors request that you not receive any calls at work. If the collectors continue to contact you, they are most likely violating your states law.
Anyone in a financial hardship with credit cards should know these rights they have. Once again check your state laws (go to your state's website) to see if they are the same or if there are added laws. Although the debt collectors have a lot of rights when collecting, you do as well. I wouldn't suggest trying to scheme a collector into breaking these laws, but if they do you may be able to significantly reduce what you owe.
Published by Michael Luchies
Michael Luchies has a Bachelors of Science degree in Entrepreneurship from Badley University and is the current Manager of Membership Operations for the Collegiate Entrepreneurs' Organization. Michael was C... View profile
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- Fair Debt Collection: Facts Often Overlooked This is an overview of common errors and tactics missed or avoided in the debt collection process.
- Fair Debt Collection: Communication is Key! When facing an arrearage of payments against credit cards, mortgage or loans, consider facing the collection agency head on as communication may be the key to successful debt management.
- Fair Debt Collection Practices Act: What Collection Agencies Can Not Do This is an overview of the practices which are prohibited under Fair Debt Collection Practices Act.
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2 Comments
Post a CommentThese are all things I learned and practiced in my 3 years of working in collections, please point out what I have said that you believe to be inaccurate so I can dispute it and/or change my information so it is correct
According to the Fair Debt Collection Practices Act which I have read front to back and then again... some of the information contained on this page is inaccurate.