Against the backdrop of today's economy, an increasing number of people are falling behind in paying their bills, which means that these same people are often on the receiving end of collection calls.
Unfortunately, there are many debt collection agencies that use unsavory tactics in order to get people to pay.
Even more distressing is the fact that most people don't know that they have rights under the Fair Debt Collection Practices Act (FDCPA), and that it's illegal for debt collectors to engage in a number of behaviors.
Here are five to watch out for: 1.
Calling at all hours of the day and night.
The Fair Debt Collection Practices Act is clear that debt collection agencies can't call to the point of harassment.
While the law doesn't stipulate what, exactly, constitutes harassment, the general guidelines are that debt collectors can't call after 9:00 p.
m.
or before 8:00 a.
m.
- unless you've told them to call then.
They also can't call repeatedly - more than three phone calls a week from a debt collection agency is harassment - and they can't call and hang up.
2.
Sending you postcards.
The FDCPA was enacted to prevent debt collection agencies from embarrassing and harassing you.
Therefore, the law says that they can't send you postcards in the mail, or send you envelopes that in some way communicate that you owe a debt.
In other words, the law was designed to protect you from the prying eyes of your letter carrier or your neighbors.
3.
Neglecting to follow up with written notification.
According to the FDCPA, a debt collection agency must, within five days of first contacting you, send you a written notification outlining the amount you owe, to whom you owe the debt, and your right to dispute the debt.
Unsavory debt collectors will neglect to send this notification, or put information about your right to verify the debt in fine print.
This tactic is designed to run out the clock.
You only have 30 days to dispute or request verification of the debt.
If you don't do this, they can legally assume you agree that you owe the money.
4.
Calling friends, neighbors, and coworkers.
The FDCPA says that a debt collector can only contact a third party in order to locate you.
Once he has your name and address, he can no longer call your friends, acquaintances, or coworkers.
When he does call them to locate you, he cannot indicate that he is calling to collect a debt.
Again, the FDCPA was designed to prevent embarrassment.
5.
Pretending to be from the government.
It's illegal for debt collectors to pose as government officials, or to send official-looking documents.
In other words, an agency can't send you something that looks like a legal judgment when it isn't, or pretend to be from the IRS, the sheriff's department, or another governmental agency.
If a debt collector has been violating your rights, you need to fight back.
The FDCPA allows consumers to sue debt collection agencies, and the Federal Trade Commission frequently brings lawsuits against rogue agencies.
It's important that you understand your rights and stand up for yourself.