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.