When a debt collector calls, the conversation can often be so disturbing that you can end up agreeing to something that you may later regret. Even debt collectors must abide by certain rules when trying to collect a debt. The Federal Trade Commission (FTC) outlines the Fair Debt Collection Practices Act (FDCPA) that governs debt collectors and their practices on their website. Here are some guidelines:

Contact

A debt collector may not:

• Call you before 8 in the morning or after 9 in the evening.

• Contact you at your place of work if you tell them you are not permitted to receive personal calls.

• Continue calling you if you have asked them to stop.

• Disclose information about your debt to anyone other than yourself or your attorney.

Unfair Practices

The debt collector may not:

• Threaten to harm you.

• Harass you or use profanity when talking to you.

• Tell you that you will be arrested if you don’t pay your debt.

• Cash a post-dated check before the date on the check.

• Collect interest or other fees over and above the amount you owe.

• Misrepresent himself or herself in any way.

• Misrepresent your debt.

• Give false information about you to anyone or publish your name.

What Can I Do If A Debt Collector Violates The Law?

First of all, don’t let the debt collection agency bully you into taking any unnecessary actions. Send the debt collector a certified letter requesting them to contact you by mail and not by phone. This will allow you to think through your payoff strategy without pressure from the collector. Check with your state to see what the statute of limitations is for debt repayment. It may be that your debt is beyond the statute’s limits and that you won’t be required to repay it. Verify that the debt that you are being asked to pay is actually yours. Request a “validation notice” from the debt collector that will tell you who the creditor is and how much you owe them. This letter will also tell you what to do if the you don’t believe that the debt is yours. Always be sure to keep a detailed record of all phone conversations you have with the collection agency.

If you think that the debt collector has violated any laws, you may report them to your Attorney General’s office and the Federal Trade Commission. You may also sue the collector in federal or state court within a year of the violation. Keep in mind that the debt that you owe does not go way until you pay it even if the debt collector has violated the law.