Business & Finance Credit

Consumer Rights Against Collection Agencies

    Harassment

    • Collection agencies can not harass a debtor at work. If a debtor notifies the collection agency in writing or over the phone that his job does not permit personal calls, the collection agency must end further collection attempts at the debtor's workplace. Any written communications to the debtor's job must be addressed to the employee, unless a court has ordered otherwise.

    Dispute a Debt

    • A debtor has the right to dispute any debt a collection agency has on file for them. The collection agency or creditor has the responsibility of notifying a debtor of the alleged debt in writing. This gives the debtor the option to pay the debt or dispute it. If the debtor does not respond to the written notice, a collector can consider the debt valid and report the debt to a credit bureau.

    Phone Restrictions

    • The times a collection agency can call a debtor are regulated. A debtor cannot be called on the phone by a collection agency between 9 p.m. and 8 a.m. It is the responsibility of the collection agency to assign collectors to the appropriate time zones. Calling a debtor after those hours is illegal, and a debtor can file a harassment suit against the collection agency.

    Privacy Rights

    • A collection agent has to protect the privacy of a debtor. When a collection agency leaves a message at the home or job of the debtor, the collector can not refer to the debt with anyone that is not authorized on the debtor's account. If a collection agency leaves a message, the only information the collector can leave is his name, or the company name, a phone number and the reference number for the debtor's account. The same private policy applies when a collection agency contacts a reference that the debtor used on the original credit application.

    Threats to Consumer

    • A collection agency can not threaten to harm a debtor who has not paid her debt. A collection agency also can not tell a debtor the she will go to prison or jail if she does not pay her debt. Impersonating an attorney or law enforcement official is illegal, and a debtor has the right to file a civil suit against any collection agency that does so.

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