Making Debt Collectors Play by the Rules

Before the Fair Debt Collection Practices Act, a debt collector didn't have to worry about getting in trouble by using unlawful debt collection tactics. They were able to do whatever they thought was necessary in order to collect a debt. But thank goodness times have changed. Now, debt collectors have strict rules that they must follow in order to stay above the law. Here's a rundown on the rules so you will know exactly if and when a debt collector crosses the line.

The First Contact

In the past, a consumer would sometimes be forced into paying a debt they weren't even sure was theirs for fear that their credit report would be affected, but the Fair Debt Collection Practices Act makes it possible for consumers to ensure a debt is theirs before they ever have to enter into discussions about it. After the first contact, a debt collector must send you a letter that gives you the details of the debt in question. It must include the name of the original creditor, the amount of the original debt, plus any fees that the debt collector has added to the debt. If you don't think the debt is yours, you can dispute it within 30 days, and the collection agency will have to provide proof that the debt is yours. During that time, they won't be allowed to make attempts to collect the debt.

Communication

The debt collection tactics that debt collectors used to get away with should have become obsolete since the enactment of the Fair Debt Collection Practices Act. A debt collector can't use the phone to harass you or humiliate you into paying your debt. They can't call you at work if you're not allowed to receive calls there, and when they call you at home, they can only do so between the hours of 8 AM and 9 PM in your time zone. They can't repeatedly call you in an attempt to harass you, and they can't talk to other people about your debt, except in some states, they're allowed to call your spouse. If you hire an attorney, the debt collector isn't allowed to call you anymore - only the attorney.

Cease and Desist

The Fair Debt Collection Practices Act allows you to stop all communications with a debt collector if you choose. You will have to send them a cease and desist letter by certified mail with return receipt requested telling them that you no longer wish to communicate with them. You can choose to continue to receive correspondence by mail, or have no communication whatsoever. The debt collector will still have the right to attempt to collect the debt, but won't be able to contact you in the process. The two exceptions are if they contact you to tell you that they no longer plan to pursue the debt, or to tell you that they are moving forward to use legal remedies, such as a lawsuit.

Fortunately, the debt collection tactics that harassed demeaned and deceived consumers are against the law. The Fair Debt Collection Practices Act has leveled the playing field and given consumers the right to demand fair treatment from a debt collector.