Are Debt Collectors Harassing You?
Anyone who is behind on debt payments, or has missed a payment at some point has probably received a phone call from a debt collector.
These calls can sometimes be a little annoying, like when you answer your phone and there's a recorded message either telling you to hold for an operator, or to call them back at a certain number to follow up something "about your account".
Other times, these calls can be downright harassing, with the collection agency making all kinds of threats.
Fortunately, there are laws in place that give you certain rights when dealing with debt collectors.
The Fair Debt Collection Practices Act (FDCPA) was enacted in 1978 to put a stop to some of the really scummy practices of debt collectors.
There are a number of things that the act specifically addresses, including:
- Hours for phone contact: Debt collectors are not allowed to contact you outside the hours of 8:00am to 9:00pm, local time.
- Stopping communication: Debt collectors must stop calling you or otherwise contacting you upon receipt of written notice that you do not wish to have any further contact made. Note that there are certain exceptions to this, such as advising you that collection efforts are being terminated or that the collection agency is filing a lawsuit to pursue the debt. But you should not receive any further phone calls or other contact attempting to collect the debt.
- Publishing your contact information on a "bad debt" list: This is prohibited by the Act.
- Threatening arrest or legal action: They cannot make threats of this sort that are either not permitted or that they are not actually considering. In other words, it can't be used as a form of intimidation.
- Annoying, abusing or harassing you by phone: They are not allowed to call you repeatedly or continuously, with the intent to annoy or harass you.
If a debt collector breaks any of the rules set out in the FDCPA, they can be fined by the FTC and/or sued by the consumer.
If you feel you are being hassled unfairly by a debt collector, you can get them to stop. This doesn't erase the debt, and you're still going to have to repay it or face the consequences, but it can ease a lot of the stress of getting phone calls and other contact from them constantly.
The complete text of the FDCPA is available from the following website if you want to see all the prohibited behaviors and potential damages for violations:
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