Some collection agencies take extreme measures during the collection of a debt, such as constantly calling your house, contacting you at your place of business, harassing relatives and neighbors for your contact information and contacting you outside of allowable avenues. Collection abuse is an illegal activity, and you have several methods to combat it.
Contact Times
Collection agencies are not permitted to contact you at any time that they want. According to the FTC, debt collectors are restricted from contacting you over the phone before 8 a.m. in the morning, or after 9 p.m. at night. Contact after these times can be considered harassment.
Methods of Contact
A collection agency is allowed to contact you by phone, at home or at your place of business. However, the collector must refrain from contacting you at work if you inform the collector you are not permitted to receive personal calls at your place of business. A collection agency can contact you by mail to inform you of your debt and any legal proceedings related to that date.
Barred Practices
According to the FTC, collection agencies are barred from several different forms of abuse and harassment. Collection harassment can come in many different forms, such as calling your friends or coworkers, continually calling you at work after you have indicated you cannot receive calls, threatening to send you to jail due to not paying your debts, cursing at you or claiming to be an attorney in an effort to make you pay the debt. Collection agencies are also not permitted to add onto the debt amount with interest fees or additional charges.
Cease and Desist
A cease-and-desist statement is a written document sent to the collection agency, informing the collector to stop contacting you in any form except mail concerning your debt. The cease-and-desist legally prevents the collector from contacting you except to inform you through the mail about legal proceedings being taken against you, or in response to direct contact from you. A cease-and-desist letter does not need to be written and sent out by a lawyer to take effect. Using the cease-and-desist phrase is enough to prevent contact.
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