Your Rights!!! with Collection Agencies

What types of debt collection practices are prohibited?

Harassment: Debt collectors may not harass, oppress, or abuse anyone. For example, debt collectors may not:

1) Use threats of violence or harm against the person, property, or reputation;
2) Publish a list of consumers who refuse to pay their debts (except to a credit bureau);
3) Use obscene or profane language;
4) Repeatedly use the telephone to annoy someone;
5) Telephone people without identifying themselves;
6) Advertise your debt.

False Statements: Debt collectors may not use any false statements when collecting a debt. For example, debt collectors may not:

1) Falsely imply that they are attorneys or government representatives;
2) Falsely imply that you have committed a crime;
3) Falsely represent that they operate or work for a credit bureau;
4) Misrepresent the amount of your debt;
5) Misrepresent the involvement of an attorney in collecting a debt;
6) Indicate that papers being sent to you are legal forms when they are not;
7) Indicate that papers being sent to you are not legal forms when they are.

Debt collectors also may not state that:

1) You will be arrested if you do not pay your debt;
2) They will seize, garnish, attach, or sell your property or wages, unless the collection agency or Creditor intends to do so, and it is legal to do so;
3) Actions, such as a lawsuit, will be taken against you, which legally may not be taken, or which they do not intend to take.

Debt collectors may not:

1) Give false credit information about you to anyone;
2) Send you anything that looks like an official document from a court or government agency when it is not;
3) Use a false name.

Unfair Practices: Debt collectors may not engage in unfair practices when they try to collect a debt. For example, collectors may not:

1) Collect any amount greater than your debt, unless allowed by law;
2) Deposit a post-dated check prematurely;
3) Make you accept collect calls or pay for telegrams;
4) Take or threaten to take your property unless this can be done legally;
5) Contact you by postcard.

You have rights. But only YOU can assert them.