The Fair Debt Collection Practices Act provides a set of regulations that govern the ways in which debt collectors can act. This includes the following provisions:
You cannot be asked to pay more than your debt is worth.
You are only liable for the interest determined by law.
Collectors may not make multiple calls.
Collectors may not use inappropriate language.
Collectors may not call you before 8 a.m. or after 9 p.m.
Collectors may not call you at times you have previously indicated are not workable.
Collectors may not physically threaten you.
Collectors cannot threaten acts that they are not planning to follow through with – such as garnishing your wages.
Collectors may only inform the following groups about your debt: your attorney, the creditor, the creditor’s attorney, credit reporting agencies, your spouse or your parent – if you are under 18.
Collectors may only call a third party once to find out how to contact you.
Collectors may not call you at work if you have told them not to.
Within five days of notification, collectors must send you written proof of your debt, interest and how to dispute the claim.
A collector cannot ignore a request for a written verification of your debt.
A collector must stop trying to collect on a debt while it is being disputed.
If you tell a collector that they are to no longer contact you, they may do so only once, to inform you of their next steps.
If you feel a collector has violated these regulations, you can file a complaint at www.ftc.gov or by calling 1-877-FTC-HELP.
What collectors CAN do?
Just as you are protected from being harassed by debt collectors, they are legally allowed to attempt to collect on a debt owed by you in the following manner:
Contacting you via phone, mail and in person – however they are prohibited from sending postcards, faxes or telegrams.
Contacting third parties (like friends and family members) once to find out where you currently live or work. However, they are prohibited from sharing that you owe money.
Sending you a written notice, within five days of first contacting you, indicating the debt, interest and process for disputing what you owe.
