What protection do you have against unfair debt collection practices? Both state and federal laws exist for your protection, but not all debt collection agencies play by the rules.
There are limits as to who a debt collector can talk to about your debts. They cannot legally call outside of normal daytime hours. Threats are not allowed, according to the law, and you cannot or should not be harassed.
Can you stop answering the phone? Some of us can use our caller ID to screen calls, but that’s not always the easiest solution. If you have a voice recorder for messages you can wait until a message is in progress as a way to screen your calls, and pick up at that point before any desirable caller hangs up.
Any call you have with the collection agency can be recorded, but you need to disclose that the call is being recorded at the beginning of the call. These rules are known as wire-tapping laws.
Collection agencies will try to pressure you to pay, and may threaten actions that are inappropriate. Profane language is not allowed, by law. Take notes of any calls you receive, and include the date and time of these calls and the name of the caller, or their ID number.
Collection agents cannot misrepresent themselves in any way. They cannot tell you that you have committed any crime, or imply that you could be arrested.
Did you know that each violation the collection agency commits can accrue penalties? Make sure you note each and every violation, for you may need this to file a counter-suit and stop the harassing phone calls.
Some bad debts are created by unfortunate situations, and some are the result of those who are just trying to avoid paying for their poor spending habits. Regardless of the circumstances, there is no reason for any collection agent to use unfair collection tactics.
