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To the extent we list or link to third party products or services, our site acts as the venue for suppliers to sell products and services or, as appropriate, solicit offers to buy and buyers to purchase such products and services. We are not involved in the actual transaction between buyers and suppliers. Debt collectors' ethics codes Can a debt collector call you repeatedly at work if your boss doesn't allow it? Falsely threaten to sue you or take your house if you don't pay up on old credit card bills?
The answer to both questions: The first place to look for answers on what is and isn't allowed when debt collectors come calling is the Fair Debt Collection Practices Act.
The federal law, enacted in to curb abuses by third-party debt collection agencies, carries protections against harassment, threats, unwanted calls to the workplace and disclosing the existence of debts to friends and neighbors. Debt collectors are companies hired on a commission basis by credit card issuers and banks to collect on past-due accounts.
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Debt collectors may also purchase bad credit card and other loan debt outright from financial institutions and other lenders. These debt buyers own the debt and the right to collect the full amount of the outstanding credit card debt.
Protects against harassment, including excessive phone calls, abusive language and threats of violence, harm or arrest. Allows consumers to seek proof that they owe the money the debt collector wants.
Prohibits disclosure of debts to others who are not authorized to know about the debts. Bans contact with consumers at inconvenient times, such as before 8 a. Grants consumers the right to sue debt collectors individually or in class actions for violations of the law. First contacts When first contacting consumers, debt collectors must inform debtors of their rights to dispute the debt.
This is referred to as the "mini-Miranda" disclosure information, a reference to the Miranda rights statement law enforcement officers must give prior to arresting criminal suspects. The debt collector must tell the debtor: According to the law, this information can be given over the phone or must be sent to consumers in writing within five days of the first telephone contact. Disputing debts Consumers contacted by debt collection agencies can request written verification or proof of their debts -- but they must do so in writing with a verification letter that must be sent within 30 days of the initial contact from the collector.
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Collection calls and letters must stop until the debt is verified. They must provide verification of the debt.
The debt collector can either provide that verification and can resume collection or if the debt collector cannot provide that verification, the debt collector must cease collection on that account. Andersen notes that asserting their rights under the fair debt collection law does not absolve consumers of the obligation to pay their debts if they truly owe the money. They need to address those debts and they need to work with debt collectors to work out a reasonable payment plan.
Consumers can request that debt collectors communicate with them only in writing or cease communication altogether.
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Afterward, the debt collector may only communicate with the consumer to inform him or her that collection has been terminated or to let the consumer know about a specific action, such as a lawsuit, the collector intends to make. If consumers are represented in the debt collection case by an attorney, the law states collectors must communicate directly with the attorney rather than the debtor, unless the attorney fails to respond to the debt collector in a reasonable time period.
Harassment and abuse Using or threatening to use violence or other criminal actions to harm consumers, their property or their reputation are illegal under the fair debt collections law.
Calling the consumer repeatedly, hanging up, calling and not saying anything, anonymous phone calls or any other telephone behavior intended to annoy, harass or abuse the consumer, their family members, neighbors or co-workers is also prohibited by the law.
If the calls are considered harassment by the consumer, they can ask that they desist. If a collection agency is calling repeatedly throughout the day, if there are threats, if they are abusive in their language or intimidating, those kinds of things can be shown to be harassment and that is prohibited by the Fair Debt Collections Act.
If the calls are considered harassment they can ask that they desist. When harassing phone calls are a problem, consumers can request that all communication and harassment stop by sending a more strongly worded cease communication letter informing debt collectors they are in violation of the federal law.
Debt collectors are also banned from publishing lists of consumers who refuse to pay their debts except to send information to a credit reporting bureau or other authorized people such as the original creditor or the creditor's attorneys. Misrepresentation Some consumers have reported debt collectors showing up at their homes, flashing something that looks like a badge and claiming to be plain clothed police officers.
The fair debt collection law prohibits false, deceptive or misleading tactics when trying to collect debts. Impersonating an officer is a crime in many jurisdictions and consumer credit counselors advise consumers to contact their local police departments if this occurs.
Debt collectors also cannot claim to be attorneys or credit reporting agencies -- if they in fact are not -- and cannot claim that correspondence are legal court documents if they are not.