Who is
a debt collector? A
debt collector is any person, other than the creditor, who
regularly collects debts owed to others. Under a 1986
amendment to the Fair Debt Collection Practices Act, this
includes attorneys who collect debts on a regular basis.
How may a debt collector
contact the consumer?
A collector may contact the consumer in person, by mail,
telephone, telegram, or FAX. However, a debt collector may
not contact the consumer at unreasonable times or places,
such as before 8 a.m. or after 9 p.m. (the consumers time
zone) unless the consumer agrees. A debt collector also may
not contact the consumer at work if the collector knows that
the consumer's employer disapproves.
Can the consumer stop a debt
collector from contacting her?
A Consumer may stop a collector from contacting her by
writing a letter to the collection agency telling them to
stop. Once the agency receives the consumer's letter, they
may not contact the consumer again except to say there will
be no further contact. Another exception is that the agency
may notify the consumer if the debt collector or the
creditor intends to take some specific action.
May a debt collector contact
any person other than the consumer concerning your debt?
If the consumer has an attorney, the debt collector may not
contact anyone other than the consumer's attorney. If the
consumer does not have an attorney, a collector may contact
other people, but only to find out where the consumer lives
and works. Collectors usually are prohibited from contacting
such permissible third parties more than once. In most
cases, the collector is not permitted to tell anyone other
than the consumer and the consumer's attorney that the
consumer owes money.
What is the debt collector
required to tell the consumer about the debt?
Within five days after the consumer is first contacted, the
collector must send the consumer a written notice telling
the consumer the amount of money she owes, the name of the
creditor to whom the consumer owes the money, and what
action to take if the consumer believes she does not owe the
money.
May a debt collector continue
to contact the consumer if the consumer believes she does
not owe money? A
collector may not contact the consumer if, within 30 days
after the consumer is first contacted, the consumer sends
the collection agency a letter stating the consumer does not
owe money. However, a collector can renew collection
activities if the consumer is sent proof of the debt, such
as a copy of a bill for the amount owed.
Source: onlinewbc.gov