Thursday, October 9, 2008

How to Win Against Unfair Debt Collection Calls

By Jason L. Montgomery

What protection do you have against unfair debt collection practices? Both state and federal laws exist for your protection, but not all debt collection agencies play by the rules.

Did you know there are restrictions to the hours you can be contacted by a collection agent? Debt collectors are not allowed to threaten you, or harass you in any way. In addition, there are strong limits as to who a collector can speak with regarding any alleged debt.

Can you stop answering the phone? Some of us can use our caller ID to screen calls, but that's not always the easiest solution. If you have a voice recorder for messages you can wait until a message is in progress as a way to screen your calls, and pick up at that point before any desirable caller hangs up.

If you need to talk with the collection agency you should be aware of phone laws. The wiretapping laws require that any conversation recorded be preceded with informing those on the call that the call is being recorded.

Collection agents are not allowed, by law, to use profanity, or make claims that they are an attorney or law enforcement agent. Keep notes of who called you, the date and time, and any inappropriate remarks they have made.

Collection agencies are not allowed to represent themselves as attorneys. They cannot tell you that you have committed any crime. They cannot imply or tell you that they are a law enforcement agent, or suggest that you could be arrested.

Did you know that each violation the collection agency commits can accrue penalties? Make sure you note each and every violation, for you may need this to file a counter-suit and stop the harassing phone calls.

Bad debts happen. Sometimes it is through the poor spending habits of those who do not wish to repay those debts. Many times we find honest, hard working people in an unfortunate situation. No matter what reason for the bad debt, there is no excuse for any collection agency to use unfair practices. - 15224

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