Can debt collectors do that?
September 17, 2008
I’ve been hearing a lot of talk about debt collectors lately. During a local news interview, the reporter asked if there are more debt collectors and if they are getting nastier.
I can’t say conclusively that debt collectors are more prolific or getting more aggressive, but according to the Better Business Bureau, complaints about aggressive debt collectors rose 20 percent last year.
We certainly hear stories at Advantage from consumers who have had unpleasant phone calls from debt collectors. Some of those consumers weren’t just subjected to mean behavior, they were subjected to illegal behavior.
The federal Fair Debt Collection Practices Act outlines what debt collectors may or may not do.
Debt collectors cannot:
· Misrepresent themselves or what company they work for.
· Threaten to send you to jail. You will not be put in jail for failing to pay your debt.
· Call you names or become verbally abusive.
· Call you at unreasonable hours of the day or night.
· Call you at work if they have knowledge that your work place does not allow for those types of phone calls.
· Persist in contacting you after you have notified them in writing to stop.
Debt collectors can:
· Verify you are the person who owes the debt and send written notice of the debt.
· Continue legal actions to collect unpaid debt that you legitimately owe.
· Contact you to inform you of any legal action being taken against you.
If you are contacted by a debt collector, do not ignore the phone call, even if you don’t believe the debt is yours. You need to address the issue, especially if you are possibly a victim or mistaken identity or identity theft.
Make sure to get the name of the collection agency, as well as the address and telephone number. Also, make note of the name of the agency representative who contacted you.
If you do not feel that you legitimately owe the debt, immediately send a letter stating that you do not owe the debt and you believe the collection agency has contacted the wrong person.
If you feel you have been the victim of an abusive debt collector or exposed to unfair debt collection practices, contact the Federal Trade Commission and you state attorney general’s office immediately.
For more information about debt collection from the FTC, click here.
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