Answer

Hello,

 

Under the Fair Debt Collection Practices Act:

 

Collection agencies are not allowed to:

• Call your office;
• Call your home before 8 a.m. or after 9 p.m.;
• Address you in an abusive manner;
• Call family or friends in an attempt to collect your debt;
• Harass you;
• Make false or misleading statements; or
• Add unauthorized charges.

If any of the above is happening to you, tell the collection agency to stop harassing you. If it continues, ask for its name and address and report it to the Better Business Bureau, the Federal Trade Commission, or your state's attorney general's office. The federal Fair Debt Collection Practices Act also states that you can demand that the collection agency stop contacting you, except to tell you that collection efforts have ended or that the creditor or collection agency will sue you. However, you must put your request in writing.

 

 

Federal Trade Commission
6th Street & Pennsylvania Avenue NW
Washington, DC 20850
XXX-XXX-XXXX
http://www.ftc.gov/">http://www.ftc.gov/

 

 

If the violations are ongoing, you can sue the collection agency (and the creditor that hired the agency) for up to $1,000.00 in small claims court for violating the FTC regulations (note: you probably won't win if you can prove only a few minor violations). If the violations are outrageous, you can sue the collection agency and creditor in regular civil or small claims court.

 

 

Thanks.

Matt

 

 

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. I am neither establishing nor accepting an attorney-client relationship with you.

Edited by Matt on 9/21/2009 at 3:17 PM

Expert:	Matt
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Answered:	9/21/2009

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