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Debt collectors have rules they need to follow. Read on to make sure your rights aren’t being violated.
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When consumers stop paying their debts, those debts are often turned over to collection agencies who then take over the process of attempting to recoup that money. If you have an unpaid loan or credit card balance, you may start to receive calls from a debt collector seeking to get you to hand over that money.
Debt collectors are allowed to contact you in an effort to get repaid. But there are specific rules they need to follow. And if you feel that a debt collector has been breaking the rules, you don’t have to stay silent about it.
When contact crosses over to harassment
A debt collector might try to get in touch with you several times a week in effort to get you to make good on an unpaid credit card balance or loan, and that’s generally allowed. But constant contact is not okay.
The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from making continuous calls to your number, and from calling at unreasonable hours during the day. The Consumer Financial Protection Bureau (CFPB) says that generally, debt collectors cannot call you prior to 8 a.m. or after 9 p.m.
The FDCPA also gives you the right to give debt collectors instructions as to where they can contact you. If you tell them not to call you at work, they have to listen. If they insist on calling you at the office after they’ve been told not to, they’re violating the rules.
What’s more, the CFPB says if a debt collector calls you more than seven times within a seven-day period, or within seven days after speaking to you about an existing debt, then they’re violating the FDCPA. Not only that, but debt collectors have to speak to you in a respectful manner. They can’t threaten you with consequences like jail time and use foul or inappropriate language when discussing your debt.
What to do when a debt collector breaks the rules
If you’re being harassed by a debt collector — for example, being called more than seven times a week or being contacted at work when you’ve stated that shouldn’t be done — then you have the right to sue that debt collector for violating the FDCPA. The CFPB says you may be awarded $1,000 in damages plus additional compensation in that situation.
To argue your case, you’ll need to show proof of harassment. So be sure to keep a detailed record of when your debt collector makes contact. Write down every date and time you’re contacted and include details of the call, such as whether the debt collector used inappropriate language or not.
It’s the job of debt collectors to try to collect money. So they do have some leeway when it comes to getting in touch with you repeatedly. But if that line is crossed, don’t hesitate to take legal action.
You should also know that generally, if you decide to get a lawyer to help you work through your debt, you can instruct a debt collector to contact them instead of you about the sum you owe. If they don’t follow those directions, that’s a violation, too, so be sure to tell your attorney about it.
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