Show #499 Airing Sunday, 11/8/09
Times are tough, and more seniors are falling behind on credit card payments and other debts. And that has led to an increase in abusive collection tactics. Can a bill collector call you in the middle of the night? How about 30 times a day? Is there any way to get them to stop harassing you? My law partner Laurie Steiner will be in our debt after she answers our questions today.
Question: You've made a list of our top five rights against abusive bill collectors. First is: Bill collectors can't call in the middle of the night.
Answer: Right. Federal law says that they generally can’t call before 8 am or after 9 pm.
Question: Second: They can't tell your family or friends that you're a deadbeat.
Answer: No. The law bars bill collectors from talking to anyone else about your debt.
There are only a few exceptions: bill collectors can talk to your spouse, co signer, or a credit reporting agency.
Question: Next, they can't intimidate or harass you.
Answer: Right. They can’t threaten to take away your child custody or public assistance benefits.
They can’t yell or curse at you or call you names.
They can’t threaten you with arrest or jail.
And they can’t call you over and over and over to harass you.
Question: Fourth: They can't lie or make false statements.
Answer: Let me give you some examples.
- They cannot do something to imply that they are an agent of the government.
- They must disclose that they are a bill collector trying to collect a debt, and cannot hide who they are.
- They can’t falsely imply that a lawyer is involved.
- They can’t falsely state the nature, amount or legal status of a debt or services provided.
Question: Give us one more, a big one!
Answer: Here is the best. They cannot contact you after you send them a “stop contact” letter.
If you tell them in writing that they are not to contact you anymore, then they can’t. Make sure you get a return receipt for the letter so you can prove that you sent it. This stops further collection efforts, but they can still take you to court.
It’s bad enough to fall behind in your bills. Make sure you understand your legal rights and don’t let bill collectors harass and abuse you. For more information, contact the national consumer law center at consumerlaw@nclc.org. Or contact a private lawyer: under the federal law, the bill collector will have to pay your legal fees if you win.
