Are you being contacted by debt collectors? If so, you should know the rules about how they can communicate with you and attempt to collect on the debt. Debt collectors are bound to the rules set by the Fair Debt Collection Practices Act (Regulation F). Collectors always have to abide by consumer protection laws.
So, What Can Debt Collectors Do?
Debt collectors can do the following:
- Contact you up to 7 times within a week per account.
- Send you validation notices electronically or provide that information over the phone.
- Can privately contact you electronically. This includes email, direct messages (DM’s on social media) or text message you without your prior consent.
- Contact you about a debt that is outside the stash debt limitations, but they cannot sue you for that debt and they cannot threaten to sue you for that debt.
- Debt collectors can also contact you about a deceased person’s debts.
What Debt Collectors Cannot Do
Debt collectors cannot do the following:
- Harass you.
- Contact you at an inconvenient time or place.
- Misrepresent stuff about debt to you.
- Disclose information about your debt to third parties.
What Can You Do?
We recommend that you keep a log of all contact between a creditor and you. It is important to have a record to be sure that the debt collector is not in violating your rights. So, what else can you do?
- You can verbally request that the collector(s) stop contacting you. They will need to stop after this request.
- A debt collector must speak with you or send a letter/email/text message/DM before reporting on your credit report.
- Typically, debt collectors must wait a week before calling again regarding each account.
- Debt collectors must provide a way to opt-out of electronic communications.
- Debt collectors are not required to include important information in their debt validation notices, so we recommend that you send them a letter. Click Here for more information.
Looking for Another Option?
Filing for bankruptcy can greatly reduce or even eliminate your debt. Why deal with the calls and letters, if you can stop them altogether? Speaking with a qualified bankruptcy attorney will give you more information about the best options for your current situation.
Need More Information?
The new rules may leave you with questions about your consumer rights. If you have more questions, we recommend that you visit the Fair Trade Commission’s Debt Collection FAQ page and their article on Fake and Abusive Debt Collectors.
Still have questions? Book a free consultation today. At the Law Office of Daniela Romero, we believe in relationships that are based on trust. Before we work together, we would like to get to know you and we would like you to get to know us. We want you to be sure you are the right fit for us and that we are the perfect fit for you. This will allow you to be completely comfortable sharing intimate and difficult details of your case, so we can offer you representation to the fullest extent of the law. Call us today to set up a free consultation.