The phone rings and an unfamiliar number flashes on Caller ID. A strange voice booms out of the receiver claiming you owe money to some company you never heard of and before you can answer, the recording beeps and your answering machine is full. The following day the same ritual repeats itself in the morning and again at night. Before responding to calls from strangers consumers need to know their rights when dealing with debt collectors.
The Fair Debt Collection Practices Act (FDCPA) deals with the enforcement of rules set up by the Federal Trade Commission to protect consumers from certain deceptive or abusive debt collection practices. According to the FTC, Debt Collection was the second highest complaint in 2013 with 204,644 complaints registered representing 10% of all complaints for the year. While many debt issues are legitimate and can be worked out in an appropriate manner, some unscrupulous callers bully, threaten, and frighten consumers in the quest to collect money. Here are some tips on your rights:
Calls are limited between the hours of 8 a.m. and 9 p.m. unless you agree to other arrangements.
Within 5 days of first contact with you, a debt collector must send you a written notice which includes the name of the creditor, amount owed, and instructions on how to proceed to dispute the debt if you wish.
Threats, harassment, and fabrications are prohibited. Debt collectors cannot make false statements or misrepresent themselves in order to collect money nor can they threaten you in any way.
It is important to note that each state has their own set of debt collection laws in addition to the guidelines in FDCPA. For more information on your rights as a consumer visit the National Association of Attorneys General website at www.naag.org. There is a listing for each state which includes a mailing address, phone number, and email for contacting the proper department. The FTC also provides information at www.ftc.gov/credit or call them at 1-877-382-4357. No one likes to be in debt and knowing your rights can lead to a payoff that pleases everyone.