What Debt Collectors Don’t Want You to Know ~ Your Consumer Rights

If you’re a debtor who has been contacted by a debt collection agency, you may be feeling cornered.

Many debt collectors may deliberately encourage you to think that you’re alone and that your only option is to cooperate on their terms.

But the truth is that you are far from being alone.

The U.S. government has laid out a clear set of regulations for these companies, and the more you know about the Fair Debt Collections Practices Act (FDCPA), the better you will be able to protect yourself from creditor harassment.

Make sure you are informed about your rights and options that may help you structure your debt without the influence of debt collectors.

Unwanted Attention: Identifying Debt Collection Harassment

If a debt collector violates your rights as laid out in the FDCPA, you may have the right to sue.

Here are some important points from the law:

• Debt collectors have a specific window of time in which they are allowed to contact you: 8 a.m. to 9 p.m.
• Collectors can call you at work; however, if they’re informed that your employer does not approve of their calls, they are required to stop.
• You are allowed to send a creditor a cease and desist letter that advises them not to call at all. At that point, the collector may call once more to inform you of any further action they will take and they may file a court judgment at that point.
• After a collector has contacted you by phone, they must follow up with a written communication within five days including their name, the amount of debt at issue and instructions for those who wish to dispute the debt on the grounds of validity.
• Collectors cannot harass members of your family or friends.
• Collectors may not speak with anyone regarding your debt other than yourself and your lawyer.
• Creditors may not contact any person regarding your debt other than to attempt to locate you.
• Collectors may not threaten a debtor in any manner, nor can they use vulgarity or insults.
• Debt collectors may not repeatedly call a debtor or call back after the conversation has been ended by the other party.
• Debt collectors cannot misrepresent themselves, including stating that they are a part of a government office or employed by the government. They cannot state that they are attorneys if this is not true.
• Collectors cannot threaten you with criminal prosecution or inform you that incarceration could result from nonpayment. Debts fall under civil jurisdiction, and this means they cannot be criminally prosecuted.

Collectors cannot falsely represent the amount of debt at issue.

If you’re weary of contact with debt collection agencies, consider filing Chapter 7 bankruptcy as an option.

A bankruptcy lawyer can help you evaluate your options.