Reporting debt collectors can be a stressful and overwhelming experience, but it's essential to know your rights and take action if you're being abused.
You can report debt collectors to the Federal Trade Commission (FTC) if they're using high-pressure tactics or making false claims.
Being aware of the Fair Debt Collection Practices Act (FDCPA) can help you identify and report abusive behavior.
Debt collectors can only contact you between 8am and 9pm, and they're not allowed to call you at work if you've told them you're not allowed to receive calls there.
Communications with Debt Collectors
Communications with debt collectors can be a sensitive topic, but it's essential to know your rights. You have the right to be treated fairly and respectfully by debt collectors, and there are specific rules they must follow.
Debt collectors may not contact you at unusual times or places, such as your workplace or home before 8 a.m. or after 9 p.m. They also can't contact you via phone more than once a week about a particular debt.
If you've asked a debt collector to stop contacting you via a specific method, such as phone calls or texts, they must respect your wishes. You can request that they communicate with you in writing instead.
Debt collectors must provide you with certain information when they contact you, including their name and the name of the agency they work for. They must also tell you that any information you provide will be used to collect your debt.
If you dispute a debt in writing, debt collectors can't contact you until they provide verification of the debt in writing to you. You have 30 days from when you first receive required information from a debt collector to dispute the debt in writing.
Here are some key things to remember about debt collector communications:
- Debt collectors may not contact you at unusual times or places.
- They can't contact you via phone more than once a week about a particular debt.
- Debt collectors must respect your wishes if you ask them to stop contacting you via a specific method.
- They must provide you with their name and the name of the agency they work for.
- They can't contact you after you've disputed a debt in writing until they provide verification of the debt in writing.
Debt Collector Responsibilities and Limitations
Debt collectors must tell you they're attempting to collect a debt, and that any information you give them will be used for that purpose. They also need to give you their name and the name of the agency they work for.
Debt collectors can't contact you at unusual or inconvenient times, like before 8:00AM or after 9:00PM, without your permission. They can't call you at work if they know your boss doesn't allow debt collection calls.
Debt collectors can't contact third parties about your debt, unless you've given them permission to do so. However, there are some exceptions: they can contact your attorney, a credit reporting agency, the original creditor, and co-debtors, your parents (if you're a minor), and your spouse.
Debt collectors can't use threats, violence, or abusive language to try to collect a debt. They can't list your name as someone who doesn't pay bills or publish your debt for sale to the public.
Here are some things debt collectors can and can't do:
Debt collectors must keep records of all transactions involving your debt, including the original contract, record of payments, and any receipts. This information is important for filing a dispute letter with the collection agency.
If you dispute a debt in writing, debt collectors can't contact you until they provide verification of the debt in writing to you. You have 30 days from when you first receive required information from a debt collector to dispute that debt.
Reporting Debt Collector Abuse
If you suspect debt collector abuse, take action by filing a complaint with the FTC and your state attorney general. This can be a powerful way to hold debt collectors accountable for their actions.
You'll need to include a detailed description of the abusive behavior and cite the law or laws that the debt collection agency has violated. Don't worry if it seems daunting - one individual complaint may not seem like much, but if enough consumers take action, it can lead to new legislation with greater consumer protection.
Here are some examples of abusive behavior to report:
- Threatening you with violence or harm
- Publishing a list of consumers who refuse to pay their debts (except to a credit bureau)
- Using obscene or profane language
- Repeatedly using the telephone to annoy (e.g., calling you about a particular debt more than seven times within a seven-day period)
These are just a few examples, but there are many other ways debt collectors can abuse consumers. By speaking out and reporting their behavior, you can help create a safer and more just financial system for everyone.
Reporting Abuse
If you suspect a debt collector is being abusive, it's essential to take action. You can file a complaint with the FTC and your state attorney general, providing a detailed description of the abusive behavior and citing the law or laws that the debt collection agency has violated.
Document everything, including dates, times, and details of the interactions with the debt collector. This will be invaluable if you need to file a subsequent complaint or a lawsuit.
You can also report the debt collector to the Consumer Financial Protection Bureau. They can help you understand your rights and provide guidance on how to proceed.
To report debt collector abuse, you can use the following steps:
- File a complaint with the FTC online or by calling 1-877-FTC-HELP (1-877-382-4357)
- File a complaint with your state attorney general's office
- Contact the Consumer Financial Protection Bureau for guidance and support
Some examples of abusive debt collection practices include:
- Threatening violence or harm
- Using obscene or profane language
- Publishing a list of consumers who refuse to pay their debts
- Repeatedly using the telephone to annoy
- Contacting you by postcard or sending an email to an address that the collector knows is provided by your employer
If you're unsure whether the debt collector has broken the law, it's still worth taking action. One individual complaint may not seem to make much difference, but if enough consumers take action, it can lead to new legislation with greater consumer protection.
What Happens Next?
You've made the decision to dispute the debt, and now you're wondering what happens next.
The debt collector must provide you with written verification of the debt, which can be a copy of a judgment against you or a document showing the debt is legitimate and outstanding.
You've asked the debt collector to stop contacting you until you receive this verification. As soon as you've disputed the debt in writing, debt collection activity must cease.
This means you won't receive any more phone calls or letters from the debt collector until you've received a copy of the debt verification or judgment, as well as the name and address of the original creditor.
Filing a Complaint and Dispute
If you feel like you've been treated unfairly by a debt collector, you can file a complaint with the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), or your state's attorney general. Keep good records of every interaction with the debt collector, including dates, times, and details of conversations.
To file a complaint, you can submit an online complaint to the CFPB, FTC, or your state's attorney general. This will help you get your case in front of the right people and potentially lead to some serious trouble for the debt collector.
If you dispute a debt, you have the right to request information from the debt collector, including the amount of the debt, the current owner of the debt, and information necessary to contact the original creditor. You can do this by sending a debt dispute letter or using a tear-off form provided by the debt collector.
Here are the steps to take when disputing a debt:
Remember, you have only 30 days from when you first receive required information from a debt collector to dispute that debt. If you fail to file your dispute within that time frame, valuable rights can be lost.
Handling Letters
Handling letters from debt collectors can be a challenge, but it's essential to handle them correctly to protect your rights.
If the collector's initial contact is by letter, make sure the details of the debt are stated clearly. If the letter is vague, write a response to get the details.
A copy of the letter you received should be included in your response. Don't provide any information about yourself in the letter that the collector doesn't already have.
Communicating by mail allows you to keep a detailed and accurate record of your interactions with the agency. Using a service that requires signature confirmation of delivery is a good idea, as it prevents the collector from later denying receipt of your letter.
Notify the debt collector that all or part of the debt is being disputed in your letter. You can do this yourself or with the help of a debt relief company. Make sure to mail the letter within 30 days of the agency's initial contact.
Stating that the debt is disputed gives you time to verify the debt. Knowing your rights can also make the collector more likely to treat you fairly or leave you alone if the debt is bogus.
Grounds for a Complaint
The FDCPA is a law that protects consumers from unfair debt collection practices. It only applies to third-party debt collectors, not to the original lender.
To file a complaint, you can contact the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), or your state's attorney general.
Debt collectors have to follow certain rules, but they can also get into trouble for breaking them. The FDCPA lists specific violations that qualify as grounds for a complaint.
Some examples of violations include using strong or aggressive language to try and make you pay. Debt collectors are also not allowed to contact you at work if they know it's not allowed by your employer.
If a debt collector is contacting you in a way that's not allowed, you can file a complaint.
Filing a Complaint
If you feel like you've been treated unfairly by a debt collector, you can file a complaint with the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), or your state's attorney general.
You'll need to gather all the relevant information and evidence before filing a complaint. This includes keeping a log of every interaction with the debt collector, including who they are, what they say, and what you say.
Pro tip: Keeping good records is key to winning your case, so make sure to document every detail.
To file a complaint, you'll need to choose one of the three options: the CFPB, the FTC, or your state's attorney general. Each has its own process for submitting a complaint, but they all have one thing in common: they're there to help you.
Here are the three options for filing a complaint:
You can file a complaint online or by mail, and you should receive a response from the agency within a few days.
Dispute Letters
Dispute Letters are a crucial tool in your arsenal when dealing with debt collectors. You have the right to dispute a debt in writing, and this can put everything on hold until you receive verification of the debt.
To dispute a debt, you'll need to gather all the relevant information and evidence related to the debt. This includes any letters or documentation you've received from the creditor, as well as proof that the debt is not yours.
You can use a debt dispute letter to ask the collection agency to validate the debt, which means they need to provide detailed information and documents to prove the amount owed. This letter should be clear and concise, including your personal identifying information, verification of the amount of debt owed, and the name of the creditor for the debt.
A debt dispute letter can be sent to the collection agency, and it's also a good idea to send a copy to the credit reporting agencies. This will alert them to the dispute and prevent the debt from being reported to your credit report.
Here are the key elements to include in a debt dispute letter:
- Personal identifying information
- Verification of the amount of debt owed
- Name of the creditor for the debt
- Request that the debt not be reported to credit reporting agencies until the matter is resolved
- Request that the debt be removed from the report, if it already has been reported
If you don't dispute the debt within 30 days, the debt collector considers the debt valid. If you dispute it, the collector must stop contacting you until it provides you with verification of the debt.
It's also a good idea to keep a record of your dispute, including the date and time of your dispute, and any correspondence with the collection agency. This will help you track the progress of your dispute and ensure that the collection agency is following the proper procedures.
What Is SoloSuit?
SoloSuit is a tool that makes it easy to fight debt collectors. It allows you to respond to a debt lawsuit, send letters to collectors, and even settle a debt.
You can use SoloSuit's Answer service, a step-by-step web-app that asks all the necessary questions to complete your Answer. An attorney will review your document and file it for you.
SoloSuit's Answer service is a convenient option for those who need help with debt disputes.
Consumer Protection and Lawsuits
Debt collectors are required to follow strict guidelines to protect consumers, including the Fair Debt Collection Practices Act (FDCPA). The FDCPA outlines debt collection guidelines, such as restricting phone calls to between 8 a.m. and 9 p.m. local time.
You have the right to stop calls from collection agencies by sending a certified letter asking them to stop calling. Debt collectors may not make threats of violence, use obscene language, or make false claims to be attorneys or government representatives.
If a debt collector has violated the FDCPA, you may qualify for relief, including actual damages, additional damages up to $1,000, and reimbursement for physical and emotional distress. You may also be able to sue for lost wages or attorney's fees and costs.
Consumer Protection Laws
The Fair Debt Collection Practices Act (FDCPA) is a law that protects consumers from abusive debt collection practices. In 1977, Congress passed the FDCPA to safeguard consumers from unfair treatment by debt collectors.
Debt collectors are restricted from calling you at work if you've told them you're not allowed to receive calls. They must also send you a written validation notice stating how much money you owe, the name of the creditor, and how to proceed if you want to dispute the debt.
You have the right to stop calls from collection agencies by sending a certified letter asking them to stop calling. Debt collectors must also restrict phone calls to between 8 a.m. and 9 p.m. local time.
Debt collectors may not make threats of violence, use obscene language, or claim that you're going to be arrested. They can only talk about your debt with you and your attorney, and can reach out to your friends and family in search of your contact information, but they can't speak about your debt.
Here are some key FDCPA regulations:
- Debt collectors must tell you they are attempting to collect a debt
- Debt collectors must tell you that any information you tell them will be used for the purpose of collecting your debt
- Debt collectors must tell you their name, as well as the name of the agency they work for
If a debt collector has violated the FDCPA, you may be entitled to compensation. You could potentially get $1,000 just because they violated the law, or be reimbursed for physical and emotional distress. They might have to pay your lost wages, or if your wages were garnished. They might also have to pay your attorney's fees and costs.
Statute of Limitations
The statute of limitations on debt collectors varies from state to state, ranging from three years to 15 years, with most states falling between 4-6 years.
It's essential to verify the debt exists before dealing with debt collectors, and even if the statute of limitations has passed, the unpaid debt remains on your credit report for seven years from the last time you made a payment.
Debt collection agencies often buy debts from multiple sources, which can lead to lost information about the original contract, interest rates, and payment details.
Keeping accurate records of all transactions, including the original contract, record of payments, and receipts, is crucial for disputing debts with collection agencies.
If you refuse to pay a debt after the statute of limitations has passed, the collection agency has no legal recourse, but they may still try to collect the debt.
Sue Collectors
Sue collectors can be a daunting task, but it's a viable option for those who feel they've been wronged by debt collectors. Filing a lawsuit can be an effective way to hold collectors accountable for FDCPA violations.
You'll need to gather evidence of the collector's wrongdoing, which can be time-consuming and frustrating. Keeping a log of every contact with the collector, including dates, times, and details of conversations, can be incredibly helpful.
You'll also need to be prepared to answer questions in court, such as who contacted you, what their address is, and whether you owe them money. You'll need to provide specific details, including how much you owe and whether you have a contract with the collector.
Some courts provide templates for pro se litigants, which can make the process less intimidating. However, the process can still be complex and dependent on the state and court you're in.
Here's a list of questions you may be asked in court:
- Who contacted you?
- What is their address?
- Do you owe them money?
- How much?
- Do you have a contract with them?
- When was the contract made?
- Have either of you violated the contract?
- What did they say to you?
- Has anything bad happened to you because they contacted you?
It's essential to be thorough and detailed in your responses, as courts value accuracy and precision.
Frequently Asked Questions
What is the 777 rule with debt collectors?
The 7-7-7 rule prohibits debt collectors from making more than 7 calls within a 7-day period to a consumer about a specific debt, and also limits follow-up calls to 7 days after a previous conversation. This rule helps protect consumers from harassment by debt collectors.
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." This phrase can provide significant protection against aggressive debt collection practices.
What should you not say to debt collectors?
Avoid admitting debt or making promises to debt collectors, and instead, ask for verification of the debt and their address. Only confirm your address and state your preference for mail contact in your response.
Sources
- https://www.attorneygeneral.gov/protect-yourself/consumer-advisories/fair-debt-collection-practices/
- https://www.solosuit.com/posts/file-fdcpa-complaint-debt-collector
- https://consumer.georgia.gov/debt-collectors-what-they-can-and-cannot-do
- https://www.incharge.org/debt-relief/credit-counseling/bad-credit/how-to-dispute-a-debt-with-creditors-collectors-reporting-bureaus/
- https://www.investopedia.com/articles/pf/08/deal-with-debt-collectors.asp
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