Are Debt Collectors Allowed to Call You

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Debt collectors can call you, but only within certain limits. They can contact you at your home, work, or by phone, but not at inconvenient times like before 8 am or after 9 pm.

Debt collectors are required to send you a written notice before they start calling you, which includes the amount you owe and the name of the creditor. This notice is a crucial step in the debt collection process.

You have the right to request that debt collectors stop calling you, and they must comply with your request. This is known as a "cease and desist" letter, and it's a powerful tool to take control of your debt collection experience.

Debt collectors can call you up to 7 times a week, but they must give you at least 1 day of rest in between calls. This means they can't call you every day of the week.

Who Are Debt Collectors?

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Debt collectors are individuals or companies that pursue payments on debts owed, often hired by creditors to recover money on delinquent accounts.

They may pursue various types of debts, including credit card debt, medical bills, and personal loans. Debt collectors can include collection agencies, attorneys, creditors collecting for someone else, and others.

Both federal and state laws govern debt collection practices, setting guidelines for what debt collectors can and cannot do. These laws restrict harassment, false statements, and unfair practices.

Debt collectors use a variety of methods to pursue payment, including phone calls, letters, and emails. They may also negotiate payment plans with debtors or offer settlements to resolve the debt for less than the full amount owed.

It's worth noting that creditors collecting for themselves are not considered debt collectors under the Fair Debt Collection Practices Act (FDCPA).

Federal and State Laws

Debt collectors are subject to both federal and state laws that regulate how they can contact you. Under the Federal Debt Collection Practices Act, debt collectors cannot contact you at inconvenient times or places, such as before 8:00 a.m. or after 9:00 p.m.

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In Maryland, debt collectors are also prohibited from using or threatening force or violence, as well as disclosing false information that affects your reputation for creditworthiness. They also cannot contact your employer about a debt before obtaining a final judgment.

Here are some key restrictions on debt collector contact:

  • Contact at inconvenient times or places: before 8:00 a.m. or after 9:00 p.m.
  • Use or threaten force or violence
  • Disclose false information affecting your reputation for creditworthiness
  • Contact employer about debt before final judgment
  • Communicate with you or family members at unusual hours or in a harassing manner

Agency Licensing Requirements

Collection agencies are required to obtain a license from the Department of Labor, Office of Financial Regulation in Maryland.

You can check a collection agency's license status through NMLS, a multistate platform for licensing.

Contacting an attorney is a good idea if you suspect a business is operating as an unlicensed collection agency.

Any judgments obtained by an unlicensed business are void, meaning they have no legal standing.

There is no time limit for asserting that a judgment is void due to lack of a collection agency license.

Under the Federal Act

Under the Federal Act, debt collectors have strict guidelines they must follow to avoid harassment and abuse. They cannot contact you at inconvenient times, such as before 8:00 a.m. or after 9:00 p.m.

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Debt collectors must also respect your attorney's involvement in the matter. If they know you have an attorney, all communications regarding the debt must be directed to your lawyer.

If your employer prohibits communication at work, debt collectors cannot contact you there. This is to prevent any potential disruption or embarrassment.

Debt collectors are not allowed to engage in conduct that harasses, oppresses, or abuses you or anyone they contact about your debt. This includes repeated phone calls, threats, intimidation, and using bad language.

Here are some specific examples of what debt collectors cannot do:

Debt collectors cannot lie about the debt or consequences for non-payment. They must not make false statements or misrepresentations about the amount owed, their identity, or the consequences of non-payment.

They also cannot threaten to take legal action that they do not intend to take. This is to prevent unnecessary stress and anxiety.

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Debt collectors generally cannot disclose information about the debt to third parties, such as family members, friends, or employers, except to obtain your contact information. In communication with third parties, they cannot communicate that the purpose of the call is to collect a debt.

Debt collectors are prohibited from using unfair practices, such as attempting to collect interest, fees, or charges that are not part of the debt. They also cannot demand that you pay using a postdated check.

Collector Responsibilities

A debt collector must apply any payment you make to the debt you choose, so you have control over which debt your payments apply to. This means you can direct your payments to the debt you want to pay off first.

If a debt collector is trying to collect more than one debt from you, they must follow your instructions. A debt collector can't apply a payment to a debt you say you don't owe.

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A debt collector must take one of the following actions before reporting a debt to a credit reporting company: talk to you by phone or in person about the debt, or mail a letter or send an electronic communication about the debt and wait for a reasonable amount of time, usually 14 days, in case it's returned as undeliverable.

Repaying Basics

You have the right to control which debts your payments apply to. A debt collector must apply any payment you make to the debt you choose.

Debt collectors must take certain actions before reporting a debt to a credit reporting company. They must either talk to you by phone or in person about the debt or mail a letter or send an electronic communication about the debt and wait for a reasonable amount of time, usually 14 days.

If a debt collector is trying to collect more than one debt from you, you can direct them to apply your payment to a specific debt. A debt collector can't apply a payment to a debt you say you don't owe.

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Here are the steps a debt collector must take before reporting a debt to a credit reporting company:

  • talk to you by phone or in person about the debt
  • mail a letter or send an electronic communication about the debt, such as a validation notice, and wait for a reasonable amount of time, usually 14 days

Basics

Debt collectors are regulated by the Fair Debt Collection Practices Act (FDCPA), a federal law that governs their operations and prohibits unfair or deceptive practices to collect debts.

Debt collectors can contact you by mail, telephone, telegram, or fax between 8 a.m. and 9 p.m., but they cannot contact you at work if your employer prohibits such communications.

Debt collectors may contact other people to find out your home address and phone number, or your work location, but they cannot say that you owe money or, unless asked, that they work for a collection agency.

A debt collector can report your debt to a credit reporting company, but they must first talk to you by phone or in person about the debt, or mail a letter or send an electronic communication about the debt.

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The FDCPA only covers debt for personal, family, or household purposes, and does not protect debt for small businesses.

If you have a lawyer, debt collectors may only contact your lawyer, not you directly.

Debt collectors are limited in how often they can contact you, with the FDCPA prohibiting repeated or continuous telephone calls with the intent to annoy, abuse, or harass you.

Here are the specific limits on debt collector calls:

  • More than 7 times within a 7-day period
  • Within 7 days after engaging in a telephone conversation with you about the particular debt

Collector Contact

Debt collectors can contact you in various ways, including mail, telephone, telegram, or fax, but only between the hours of 8 a.m. and 9 p.m. They may not contact you at work if they know your employer prohibits such communications.

Debt collectors may also contact other people to find your home address and phone number, or your work location, but they cannot say that you owe money or reveal that they work for a collection agency unless asked.

Here are some specific rules about collector contact:

  • Collectors may not contact you at work if they have reason to know your employer prohibits such communications.
  • Collectors may contact other people to find out your home address and phone number, or your work location, but they cannot say that you owe money or, unless asked, that they work for a collection agency.
  • Collectors may not contact anyone but your lawyer if you have one.

Collector Contact

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Debt collectors can contact you by mail, telephone, telegram, or fax between the hours of 8 a.m. and 9 p.m.

Collectors may not contact you at work if they have reason to know your employer prohibits such communications.

They may contact other people to find out your home address and phone number, or your work location, but they cannot say that you owe money or, unless asked, that they work for a collection agency.

If you have a lawyer, collectors may not contact anyone but your lawyer.

Here are some limits on how often collectors can call you:

Keep in mind that these limits generally apply per debt, but in the case of student loan debt, multiple debts could be counted together as one "particular debt."

Buyers

If you're dealing with debt collectors, you might also encounter debt buyers. Debt buyers purchase debt from other creditors for a very low cost, often because the original creditor couldn't collect.

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Debt buyers must abide by the same rules as debt collectors under the Federal Debt Collection Practices Act and Maryland Debt Collection Act. This means they must follow specific guidelines to avoid harassment or unfair practices.

To prove the debt, debt buyers must provide a document signed by you when opening the credit card account, or a statement showing you used the account. This documentation is crucial to verify the debt.

Debt buyers must also submit evidence that they own the debt, including a list of previous owners and any paperwork associated with the sale of the debt. This helps to ensure that the debt is legitimate and not being pursued by the wrong party.

Debt buyers must describe how much debt you owe, including principal, interest, and late fees. This information is essential to understand the total amount you're responsible for paying.

Frequently Asked Questions

What happens if you don t answer the phone for debt collectors?

Ignoring debt collection calls can lead to a bigger problem and negatively impact your credit score. It's best to address the issue directly to avoid further complications

What is the 11 word phrase to stop debt collectors?

To stop debt collectors, use the 11-word phrase "Please cease and desist all calls and contact with me, immediately

Anne Wiegand

Writer

Anne Wiegand is a seasoned writer with a passion for sharing insightful commentary on the world of finance. With a keen eye for detail and a knack for breaking down complex topics, Anne has established herself as a trusted voice in the industry. Her articles on "Gold Chart" and "Mining Stocks" have been well-received by readers and industry professionals alike, offering a unique perspective on market trends and investment opportunities.

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