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The FTC sets out certain guidelines that every collector must follow. In order to abide by the law, and legally pursue the debtor for the money that is owed, the debt collector must make sure to follow these rules.
Collectors must only call between the hours of 8am and 9pm. They cannot call incessantly with the intent to harass, annoy, or pester the debtor. Furthermore, upon written or oral notice, the debt collector may not call at a person’s place of business.
- Debt collectors must clearly identify themselves at the beginning of the conversation. After such time, they must maintain a professional and courteous mode of speech throughout the conversation. This means they must abstain from threats of physical violence, no threats of arrest or imprisonment, and they cannot use profanity, or obscene language.
- Collectors may not publicly shame the debtor, such as by posting their name and debt with a list of people who are unable to pay their bills. They may not threaten to do so either.
- Collectors must not send correspondence that misrepresents the sender. They cannot send mail that looks like government documents, or legal documents.
- Collectors must not correspond with the debtor after they have received written notification that the debtor has enlisted the services of a lawyer.
- Read more about the Fair Debt Collection Practices Act.
Debt collectors must follow all of the rules set forth in order to comply with the legal requirements. When they do not, they cross the line from going from debt collections to debt harassment. If you have been struggling dealing with a persistent debt collector, one that you feel is harassing you, get in touch with an attorney at Phillips Dayes.
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Many times collectors are just being persistent with their jobs. Other times they will blatantly ignore the rules and make verbal threats, intimidate, stalk on social media, and use other forms of harassment in an attempt to collect upon the debt. If you live in Arizona or Utah, can help you deal with debt harassment. Fill out the form or call 1-800-917-4000 right away to schedule your free consultation with an attorney. Get the debt harasser off your back, and let your legal professional handle them.