Q.
Can I stop collection
agencies from calling?
A.
First, you must determine
who is calling. If the
collector represents
the company to whom
the debt is owed (the
creditor), they are
allowed to call you
at home and at work.
However, if the caller
represents a collection
agency hired to collect
the debt, they are a
third-party debt collector
and must comply with
the federal Fair Debt
Collection Practices
Act (FDCPA), which is
much more restrictive.
Under the FDCPA, collection
agencies may contact
you by mail, phone,
telegram, or fax, but
they may not contact
you at unreasonable
times, such as before
8 a.m. or after 9 p.m.,
and they can't call
you at work if you have
told them your employer
disapproves.
Q.
What steps can I take
to stop the calls?
A.
You can send a certified
letter to the collection
agency asking them to
stop. Once they receive
your letter, they cannot
call you, except to
notify you that there
will be no further contact.
You can also request
that they only contact
your attorney.
Q.
Can a debt collector
tell anyone else about
my debt?
A.
If you have an attorney,
they may not contact
anyone other than the
attorney. If you do
not have an attorney,
a collector may contact
others, but only to
find out where you live
and work. They are not
allowed to discuss the
debt, or the nature
of the call.
Q.
Are there any limits
to the actions that
a debt collector can
take?
A.
Collection agencies
are prohibited from
several kinds of abusive
practices, including:
Harassment,
such as:
Threatening violence
or harm against you,
your property, or your
reputation.
Using profane language.
Calling more than once
a day.
Phoning without identifying
themselves.
Sending postcards.
Addressing correspondence
with derogatory terms
such as "Deadbeat
Joe."
False
statements, such as:
Implying
that they are attorneys
or government representatives.
Implying that you have
committed a crime.
Representing themselves
as employees of a credit
bureau.
Misrepresenting the
amount of your debt.
Saying that you will
be arrested if you do
not pay your debt.
Saying they will garnish,
attach, or sell your
property or wages, unless
the agency or creditor
intends to do so and
has taken legal action
to do so.
Threatening to take
action, such as a lawsuit,
which may not be legally
taken, or which they
do not intend to take.
Threatening to file
a report with a credit
bureau - only the owner
of the debt can file
against consumers.
Unfair
practices, such as:
Collecting
an amount greater than
what you owe, unless
allowed by law.
Depositing a post-dated
check prematurely.
Threaten to take your
property unless this
can be done legally.
Q. Where can
I report abusive practices?
A.
The Comptroller's Office
maintains a toll-free
hotline at 1-800-848-3792
where consumers can
get more information
and report suspected
abuse. Also, you can
contact the Federal
Trade Commission, which
administers the Fair
Debt Collection Practices
Act at 1-877-382-4357
or write them at Correspondence
Branch, Federal Trade
Commission, Washington,
D.C., 20580.