Fair Debt Collection Act
With unemployment rates reaching double digits in mid-Michigan, many households are experiencing collection calls from creditors for the first time. Handling a collection call is usually never a pleasant experience. The first thing to keep in mind is that you have rights. Some of these are outlined in the Federal Fair Debt Collection Practices Act, including:
- No communication by debt collector at the consumer’s place of employment.
- No communication with the consumer if they are represented by an attorney, unless the attorney fails to respond to the debt collector.
- No communication with a third party by the debt collector in connection with the collection of a debt.
- The debt collector may not engage in any conduct the natural consequent of which is to harass, oppress or abuse any person, this includes the threat of violence or criminal means to person or property.
- A debt collector is prohibited from using obscene or profane language to collect a debt.
- A debt collector may not create for publication a list of consumers who allegedly refuse to pay debts.
- A debt collector may not communicate with a consumer in connection with the debt at any usual time or place known to be inconvenient to the consumer. Convenient time shall be assumed after 8:00 a.m. and before 9:00 p.m. at the consumer’s location.
- A debt collector must cease communications if the consumer notifies the debt collector in writing that the consumer refuses to pay or wishes debt collector to cease further communication with the consumer.
Always be firm, don’t volunteer unnecessary information. Don’t be embarrassed about your financial situation. If you can’t pay the bill, say I can’t pay the bill. Speaking the truth can be liberating.
For more information on the Fair Debt Collection Practices Act, see 15 U.S.C. 1601 et. seq.
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