When Can a Bill Collector Call You?

PITTSBURGH, PA, March 06, 2013

For most people, it's not convenient to get a call from a debt collector. That's why federal law places restrictions on when a collections agent may contact a debtor regarding a call, prohibits debt collector harassment, and regulates other aspects of the debt collection industry.

The Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act (FDCPA) is the primary piece of legislation that regulates debt collection in the U.S. The FDCPA is Title VIII of the Consumer Credit Protection Act, which was added in 1978.

The FDCPA has the following objectives:

- Discourage abuse and harassment by debt collectors
- Give consumers a way to dispute alleged debts
- Validate the accuracy of debt information
- Promote fair debt collection methods and policies

The use of the FDCPA is often combined with the Fair Credit Reporting Act, which regulates the use of consumer credit information. The FDCPA specifies the guidelines that a debt collector must follow and defines consumer rights with respect to debt collectors. It also authorizes penalties for violating those rights.

Rules Regarding Telephone Calls

The FDCPA specifies that debt collectors may only contact a debtor between 8 a.m. and 9 p.m., local time. They can call debtors at their place of employment unless they are aware that the employer disapproves and the employee says so. The FDCPA also allows a collector to call a debtor once after the collector has received a cease-and-desist letter.

The FDCPA does not specifically prohibit collectors from calling debtors during holidays or weekends, although most collection agencies are closed during these periods. But debt collectors have been known to call on weekends and even holidays.

The law states that debt collectors cannot call at a time that "should be known to be inconvenient." A debtor who receives a collections call at an inconvenient time should inform the agent that the current time isn't convenient. If the debt collector calls again during that inconvenient time, that may be grounds for bringing a claim under the FDCPA.

Debt collectors must provide specific information when contacting debtors. They must identify themselves and the fact that they are with a collection agency. Debt collectors have to state the original creditor's name and address and must notify debtors of their rights, under the FDCPA, to dispute the debt.

Legal Representation with a Consumer Rights Attorney

It's important to keep a log and accurate notes if debt collectors are calling and harassing you. You should also contact a Pittsburgh attorney who is experienced in consumer protection to determine if your rights were violated under the FDCPA. The majority of consumers will not have to pay an upfront attorney's fee in order to stop debt collectors and hold them accountable for harassment and abuse.

Attorney Kenneth Hiller, of The Law Offices of Kenneth Hiller, PLLC, represents consumers in Pittsburgh, Erie and throughout western Pennsylvania in consumer protection lawsuits.

Website: www.kennethhillerlaw.com