If you're behind on your bills, you know that creditors will stop at nothing to get you to pay. What you may not know is that you have the right under federal law to be protected from unfair, abusive or deceptive debt collection practices.
The Fair Debt Collection Practices Act (FDCPA) limits the tactics debt collectors can use when contacting people who owe money. Unfortunately, many debt collectors do not follow these rules - tens of thousands of consumers report creditor harassment to the Federal Trade Commission each year.
You Have the Right to be Told the Truth
The FDCPA requires debt collectors to send you a "validation notice" within five days after they first contact you. The notice must tell you exactly how much money you owe, who you owe it to and what you can do if you think you don't owe the money.
Debt collectors are not allowed to falsely represent themselves, meaning that can't tell you that they work for the government or a credit reporting agency unless they actually do. Further, they cannot tell you that they will sue you, garnish your wages, or seize your property unless they are legally allowed to and actually intend to.
You Have the Right to Limit When and How a Creditor Contacts You
Under the FDCPA, debt collectors are prohibited from contacting you before 8:00 a.m. or after 9:00 p.m. unless you give them permission. Debt collectors are not prohibited from contacting you on weekends or holidays, unless you let them know that would be inconvenient for you.
Similarly, debt collectors may not contact you at work, but only if you tell them - orally or in writing - that you're not allowed to receive calls at work.
You also have the right to tell the debt collector not to contact you at all. To do this, you need to send a written letter to the creditor via certified mail. Although this will stop the contact, it will not erase the debt - the creditor can still sue you to recover their money.
The FDCPA Doesn't Apply to All Creditors
The FDCPA only applies to people who collect debts owed to others, including lawyers who regularly perform debt collection services and other third-party debt collectors. It doesn't apply to in-house collection agents, such as those who directly for the department store where you have a credit card.
If you are burdened with debt and the creditors keep calling, know that you have options. It may be wise to seek the advice of an experienced bankruptcy or debt relief attorney who can help protect your rights.
