The Fair Debt Collection Practices Act
What should you do if you feel like debt collectors are violating your rights?
A reader, Stan, had this question:
Please help! I am in a very bad situation with my debt. I am working on this however and starting to show some progress. I would just like to know what are my rights or say the rules that must be followed by companies that are in the business of collecting mine and others debts.
Also if the Debt collectors violate any of these rules or laws can they be sued, for say actual damages, punitive damages, attorney fees, or the like? I know there are laws out there I just can’t seem to find them.
I have one company calling me every day at my job. Not only am I not allowed calls at work but I could actually lose my job if they found out. I have told the collector company this everyday for a week. Are they allowed to keep calling me at work?
Is this one of the laws? I keep hearing that they are not allowed but just can’t seem to find proof.
Thanks,
Stan
Thanks for your question Stan.
The easiest solution is simply to deal with your creditors. Call them back when you are at home and set up a payment arrangement. This will stop collection practices immediately.
As far as your rights, there are several, and they are covered under what’s known as the Fair Debt Collection Practices Act.
You can read the full version here:
It’s a long act (28 pages) so I’ll give you the highlights here.
The Fair Debt Collection Practices Act:
A debt collector may not communicate with a consumer in connection with the collection of any debt at any unusual time or place, or a time or place known or which should be known to be inconvenient to the consumer.
[A debt collector may not communicate with the consumer] at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.
This means that if you have told the collection agency that they cannot contact you at work, then by law they cannot contact you at work.
If you have not yet told the collection agency that they can’t call, then they still have a right to.
Usually you’ll want to say something like:
“I am at work. This is an inconvenient time for me to talk to you. I could lose my job because I am not allowed to have these types of calls at work. Do not call here again. “
That’s it. Period. If they call you at work after that they are breaking the law.
The Fair Debt collection practices act is long, but it’s an important document to read if you are in the middle of collection activity.
Many collection services will walk all over your rights until you tell them that you know what your rights are. They will call early in the morning, late at night, while you are at work, etc.
Stand up for your rights here because they are your rights. You do not have to put up with this sort of treatment from a collection agency.
However, the first and best option is simply not to ignore your debt. Call your creditors and set up a reasonable payment plan. It will get you out of debt faster, and you will not have to deal with the shady tactics that collection companies use.
If you have no money to pay on your debts, try calling and making an arrangement anyway. If you contact them and attempt to resolve the account, they will leave you alone.
Thanks for your question!
Another reader, Hope, had a quick question that everyone should have the answer to:
I am trying to find the "physical" address to the 3 main bureaus to send a certified letter. Can anyone help me please?
Hope
Hi Hope, thanks for your question.
The reason you can’t find an address to send your certified letter to is because all three credit bureaus regularly update their mailing addresses every couple of years.
This is an excerpt from our free guide: How to Successfully Dispute An Item On Your Credit Report.
TransUnion:
TransUnion Consumer Solutions
P.O. Box 2000
Chester, PA 19022-2000Equifax Credit Information
Services, Inc.
P.O. Box 740241
Atlanta, GA 30374Experian / NCAC
PO Box 9556
Allen TX 75013*Note: Experian frequently changes it’s mailing address, so before you send your dispute out, you will want to contact them by phone and verify the address.
Experian’s telephone number: 1- 888- 397-3742
Hope that helps!
Thanks again for your question Hope, and good luck on your disputes.
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