Being in debt is not easy. Being hounded by an
aggressive collector can make a difficult situation even more so. The 30
million Americans that the Federal Trade Commission (FTC) estimates have
accounts in collection should be aware that some of the shady tactics used by collection
agencies are forbidden by the
law.
There are multiple
examples in recent years of the FTC targeting underhanded tactics by collectors,
with numerous lawsuits filed alleging violations of the Fair Debt Collection Practices Act.
Some tactics that
collectors illegally use, according to the agency, include falsely representing
themselves as a credit-reporting company, misrepresenting the amount owed,
trying to collect interest or fees in excess of what is permitted, and
contacting debtors with a postcard.
Here are seven of
the most common tactics used by collectors that are illegal:
·
Lying.
A collection agency can't tell a consumer that they're going to be arrested if
they don't pay up right away, or other tall tales to try to force repayment.
·
Masquerading.
A collector is not allowed to pose as a government agent or any law enforcement
official to try to trick a consumer into making a payment.
·
Threatening
debtors. They can't call threatening violence, or a lawsuit if they're not
actually filing a lawsuit, or make any other threats about consequences that
are not accurate.
·
Telling
others. Collectors are not allowed to tell your friends, family or co-workers
about your debts and use them to press you to make a payment.
·
Calling
in the wee hours. Calls may be placed to your home between 8 a.m. and 9 p.m.
local time. Calls outside of that are considered harassment.
·
Using
profanity. The law requires debtors be treated with dignity and professionalism
and forbids the use of obscenities and other foul language.
·
Pretending
to use government documents. Collectors cannot send out materials that appear
to be official government notices as a way to make debtors think they're
risking arrest, prosecution or running afoul of a government agency.
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