Know Your Rights When Dealing with Bill Collectors!

Everyday I receive calls from consumers who want to know “How to Deal With Harassing Bill Collectors and what Rights They Have?”  So I’ve decided to pull some information from an ebook “27 Powerful Tips & Strategies to Stop Collector Harassment and deal with your creditors and collectors on your own terms!. 

When I am working with one of my clients or even giving advice to a consumer who is looking for help or answers in dealing with bill collectors I advise them and reassure the consumer that “YOU Have Rights” in fact you have a lot of legal rights under state and federal law.

Even though it may not seem as though you do and your creditors and bill collectors that are contacting you may not make you feel as though you do, but “YOU Do Have Rights”

“You are Protected” by federal laws known as FDCPA “Fair Debt Collection Practice Act”.  These are the set of Rules-Regulations-Laws that 3^rd party collection agencies, debt purchasers, and collection attorneys have to adhere to.

Many credit card companies now abide by the same laws.

There are a whole set of rules that third party collectors have to adhere to.

Here are just a few of the rules that this law covers.

• Collector cannot swear or be demeaning in any way.
• Collectors cannot harass a consumer.
• Collectors cannot call before 8:00 A.M. or after 9:00 P.M.
• Collectors cannot call you at work if they know your employer bans such calls.
• Collectors can not mention lawsuit, garnishment, levies etc. unless they have consent from their client and their next intent is to pursue further action.

These laws help protect you from Obscene, Profane, or Abusive phone calls.

These laws help protect you from Unscrupulous Collection Activity.

If you feel that your rights have been violated, you have the right to sue the collector and the company they work for, up to $1,000 per violation.

Keep in mine; it’s your word against theirs, so you should have full documentation of your correspondence and communication with bill collectors to prove your case.  In fact, I would even recommend you record calls, if you have the capability to do so from your phone or computer.  I believe there are a few great programs out there to do so, such as vonage or skype.  You can do a google search to find out more information about these services.  Of course, you will want to look into state or federal recording laws.   A majority of states have what is called a “one-party consent” statute, which means as long as you are a party to the conversation, it is legal for you to record the call without making the other party aware. 

Having a recording of a bill collectors harassment is very powerful and can be used in your efforts in trying to deal with bill collectors as well as sueing them for violations of your rights.  I was recently watching a news cast where a collector threatened a consumer multiple times and the consumer recorded the calls.  The consumer ended up retaining an attorney and sued the collection agency.  The consumer was awarded $222,0000 – Yes, your eyes are not deceiving you $222,000.  So, recording bill collectors harassment can definitely pay. 

I’m not saying that everyone would have a payday like that, but you may be able to sue a collector or collection agency for a $1000 per violation as mentioned before. 

Of course, I can’t disclose all my inside knowledge and secrets so I won’t tell you how to sue a collection agency or bill collector.  If you are looking for powerful information to dealing with your debts, creditors and collectors watch for our “NEW Membership” site that will be opening up towards the end of the month. 

If you feel that your rights have been violated you can file a formal complaint with the Attorney General in your state or with the “Federal Trade Commission”. As mentioend before you can sue a collection agency and most consumers can generally handle this by yourself with the right knowledge and experience, or you could choose to use a reputable attorney or law firm (of course this may be costly).

So just remember, You Do Have Rights, even though most bill collectors will tell you “You Don’t” only to try and scare, manipulate you into paying your bill. 

If you are looking for more extensive information on the Fair Debt Collection Practice act you can obtain information by going to the Federal Trade Commissions website at www.ftc.gov.