Frequently Asked Questions about Collectors’ Calls
The federal Fair Debt Collection Practices Act (FDCPA) protects consumers against abusive collection techniques or harassing tactics. Read the full FDCPA here.
Debt Collectors’ Calls
Can a debt collector contact me by phone?
They can but within certain boundaries. They may not:
- Call you before 8 a.m. and after 9 p.m. unless you agree.
- Call you repeatedly or use the phone to harass you.
- Trick you into accepting collect calls or paying for telegrams.
- Use obscene language, make negative comments about your character, or make religious or ethnic slurs.
- Call you at work if the collector knows your boss does not allow such calls.
If you have an attorney, the collector should call that person, not you.
Does an agency have to contact me in writing before it calls me?
Collection agencies are not required to contact you in writing before phoning. Though within 5 days of contacting you by phone, the agency must send you a written notice. The notice must include how much you owe and the name of the creditor that you owe. The notice should also include instructions to file a dispute should you believe that you do not owe the debt or that the information is incorrect.
Deceptive Communication
The FDCPA also stipulates that a debt collector must be honest about who they are and what their intentions are. False statements and deceptive practices such as the following are not permitted.
- Claiming to be an attorney or official government employee when they are not.
- Sending you documents that look like legal papers when they are not.
- State that forms sent to you are NOT legal papers when they actually are.
- Say that you committed a crime.
Debt Collector Threats
A debt collector threatened to sue me. Can they do that?
Collection agencies can file a lawsuit to collect a debt, however they are not allowed to threaten you with a lawsuit in order to get you to pay the debt. Examples of threats prohibited by the FDCPA include:
- Threatening to garnish wages or sell your property
- Threatening to sue you when they do not intent to sue.
- Threatening to have you arrested if you do not pay the debt.
- Threatening you with any type of violence.
If a debt collector has used any of the above “illegal” tactics with you, contact a Fair Debt for Consumers attorney today!
