What are your rights as a consumer? If you owe a debt, can the person collecting it call you at all times? How do you know if you are being harassed? The Fair Debt Collection Practices Act protects you.
The phone rings at 9 a.
m.
It is a collection agency calling about a late payment.
Would this be considered harassment? No.
However, if it is 9:05 P.
M.
and the debt collector calls, he/she is violating the Fair Debt Collection Practices Act.
Under this act, debt collectors are not allowed to call you before 8 a.
m.
or after 9 p.
m.
They also cannot call you at work if you have told them to not call you at work.
This applies if you have told them orally or in writing.
However, remember, it is hard to prove if you have told them orally, so always send a follow-up in writing.
Debt collectors also have to prove that you owe the bill.
If someone calls you and says you owe a bill and must pay today, simply ask them to provide written proof.
They MUST do so.
In fact, by law, they should do so within five days after they first contact you, EVEN if you have not requested them to do this.
If you want the creditor to stop calling you, you must put this in writing and mail it to the creditor.
Make sure you send it return receipt requested so that you have proof that it was delivered to the creditor.
The creditor cannot continue to contact you.
However, you still owe the bill.
The creditor may be forced to take legal action if you do not pay.
If you owe the bill, it is better to try and work the problem out with the creditor.
If you want further information about debt collection practices, a great resource is the Federal Trade Commission.
The phone rings at 9 a.
m.
It is a collection agency calling about a late payment.
Would this be considered harassment? No.
However, if it is 9:05 P.
M.
and the debt collector calls, he/she is violating the Fair Debt Collection Practices Act.
Under this act, debt collectors are not allowed to call you before 8 a.
m.
or after 9 p.
m.
They also cannot call you at work if you have told them to not call you at work.
This applies if you have told them orally or in writing.
However, remember, it is hard to prove if you have told them orally, so always send a follow-up in writing.
Debt collectors also have to prove that you owe the bill.
If someone calls you and says you owe a bill and must pay today, simply ask them to provide written proof.
They MUST do so.
In fact, by law, they should do so within five days after they first contact you, EVEN if you have not requested them to do this.
If you want the creditor to stop calling you, you must put this in writing and mail it to the creditor.
Make sure you send it return receipt requested so that you have proof that it was delivered to the creditor.
The creditor cannot continue to contact you.
However, you still owe the bill.
The creditor may be forced to take legal action if you do not pay.
If you owe the bill, it is better to try and work the problem out with the creditor.
If you want further information about debt collection practices, a great resource is the Federal Trade Commission.
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