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Kokua Line June Watanabe |
U.S. law limits debt
collectors’ phone tactics
Question: I am disabled and get a set income. I can't make the full payment each month on my credit card, but try to pay as much as I can. But the collection agency keeps calling me at 4 and 5 a.m., harassing me and threatening that they will send this to a lawyer. I try to explain the situation, but they get really cocky and raise their voices. What can I do?Answer: First of all, you have the federal Fair Debt Collection Practices Act on your side, even if you have fallen behind on your payments.
The act doesn't address whatever your contract agreement is with your credit card company about required payments and doesn't absolve you of any debts or living up to that agreement.
But the act does set strict limitations on the activities of debt collectors.
While they may contact you in person, by mail, telephone, telegram or fax, they are prohibited from calling you before 8 a.m. or after 9 p.m., unless you have agreed, and from calling you at work if they know your employer disapproves of such calls.
The act also prohibits debt collectors from harassing or abusing you or any third parties they may contact. Specifically, the act prohibits threats of violence or harm; publishing a list of people who refuse to pay their debts (except to credit bureaus); using obscene or profane language; or repeatedly using the telephone to annoy someone.
The act covers personal, family and household debts, such as debts for medical care, car purchases and charge accounts.
The FTC says you can stop a debt collector from contacting you by writing a letter telling them to stop.
Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that they intend to take some specific action.
However, you could then be sued by the collector or your original creditor for the money owed.
If a debt collector has violated the law, you have the right to sue him/her in state or federal court within one year from the date the law was violated.
You can file a complaint by calling the FTC, toll-free, at 877-FTC-HELP (382-4357); TTY: 866-653-4261. The FTC says it doesn't address individual complaints, but enters Internet, telemarketing, identity theft and other fraud-related complaints into Consumer Sentinel, an online database available to civil and criminal law enforcement agencies in the United States and abroad.
You can find information about what the Fair Debt Collection Practices Act is on the Federal Trade Commission's Web site at www.ftc.gov/bcp/conline/pubs/credit/fdc.htm.
Closer to home, you can file a complaint with the state Department of Commerce & Consumer Affairs, 587-3222, which enforces the state law on debt collectors.
Hawaii Revised Statues 480D has similar provisions to the federal act, aiming to make sure "consumers are not subjected to unfair, deceptive, coercive, abusive or harassing conduct in collection activities."
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