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What to Do If a Bill Collector Crosses the Line


Here's what to do if a bill collector uses abusive tactics.

It's stressful to be unable to pay your bills on time. It's even more stressful to hear from a bill collector about those overdue debts. Although bill collectors can be persistent (that's their job), many are careful to follow the law when contacting you. Unfortunately, some are not. If a bill collector oversteps the bounds of the law, you can take action.

The Fair Debt Collection Practices Act

The federal Fair Debt Collection Practices Act, or FDCPA (15 U.S.C. ยง 1692 and following), prohibits certain debt collectors from engaging in abusive behavior. It covers debt collectors that work for collection agencies. It does not cover debt collectors that are employed by the original creditor (the business or person who first extended you credit or loaned you money). If a debt collector that works for a collection agency breaks the law, you can take steps to make sure it doesn't happen again.

 

It's illegal for bill collectors to:

  • contact third parties, other than your attorney, a credit reporting bureau, or the original creditor, except for the limited purpose of finding information about your whereabouts (collectors can also contact your spouse, your parents if you are a minor, and your co-debtors unless you have asked them in writing to stop contacting you)
  • call you repeatedly or contact you at an unreasonable time (the law presumes that before 8 a.m. or after 9 p.m. is unreasonable)
  • contact you at work if your employer prohibits it
  • use or threaten to use violence
  • use obscene or profane language
  • place telephone calls to you without identifying themselves as bill collectors
  • claim you owe more than you do
  • claim to be attorneys if they're not
  • claim that you'll be imprisoned or your property will be seized
  • send you a paper that resembles a legal document, or
  • add unauthorized interest, fees, or charges.
Copyright 2006 Nolo

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