Guidelines For Legal Communication By Debt Collectors
If you owe money to a bank, utility company or other creditor, you might be on the receiving end of debt collection efforts, many of which can be disruptive, intimidating or downright scary.
While it’s natural to assume that debt collection agencies are within their legal rights to “do what it takes” to extract back payment from a lapsed consumer, not all debt collection practices are legal. As more and more Americans struggle in this rough economy to make ends meet, more U.S. consumers will lapse into debt and be exposed to potentially illegal debt collection practices.
Addressing Illegal Debt Collection Practices
The U.S. Congress passed the Fair Debt Collection Practices Act to protect vulnerable American consumers from predatory debt collectors. While it provides ways for debt collectors to perform their jobs, it also lays out strict ground rules for how they can pursue payment from consumers.
In order to protect your privacy, identity and future credit, it is helpful to understand legal and illegal debt collection practices, and the specific ways in which a debt collection agency is permitted to communicate with you. As an added means of protection, it is important to speak with an attorney who specializes in debt collection and consumer protection before making any hasty decisions. Whocanisue.com can help you find an experienced
debt collection lawyer in your area to assist you with debt collection laws and how to deal with debt collectors.
When and How Can Debt Collectors Contact You?
Debt collectors are permitted to contact you by phone, fax or mail, but that doesn’t mean that they have free reign to bombard you with communication. Consumer protection laws stipulate that, in general, debt collectors can contact you:
- Only at reasonable hours of the day, between 8 a.m. and 9 p.m., your local time Never late at night or very early in the morning UNLESS you have specified that you may be reached at any time
- One other key factor to note – if you specify to debt collectors that you are working with an debt collection attorney who is handling the debt collection procedures for you, the debt collector might not be permitted to directly contact you.
Who Can a Debt Collector Contact About Your Debt?
If you pay attention to news reports about the growing problem of illegal debt collection practices in the United States, you might hear anecdotal horror stories of debt collectors that harass consumer’s family and work associates for information about the consumer and his or her finances. This type of communication violates consumer privacy and is a benchmark of illegal debt collection practices.
Listed below are a few of the key laws relating to whom a debt collector may or may not contact:
- A debt collector is not allowed to communicate with other people – i.e., your friends, family or employer – about your debt
- Collectors can contact a third party only once and only to verify your contact information
- When the collector makes contact, they are not to inform the person that he or she works for a debt collection agency
- A collector is permitted to initiate communication with your employer, but only to verify that you have employment
- The collector cannot continue to contact your employer without permission to do so
- Keep clear and complete records of all interaction with the debt collection agency, including any verbal or written requests for the collector to cease contact with you or your family
- Funnel all contact with the debt collector through your debt collection attorney
It is vital to remember that putting an end to debt collection harassment does not make the problem of debt disappear, but it can help to protect your privacy, career, personal relationships and mental well-being.
whocanisue.com can help you find an experienced
debt collection lawyer in your area to assist you with the complicated nuances of debt collection and the decisions that will affect your financial life for some time.