Information is power: How to deal with collection calls
FTC: The ‘Fair Debt Collection Act’ protects consumers from abusive, deceptive, and unfair debt col…
(InvestigateTV) — Getting a call from someone claiming to be a debt collector can be confusing and intimidating.
“First and foremost, consumers need to check their credit report. Understand what’s out there, what’s on it,” advised Melanie McGovern with the Better Business Bureau (BBB). “If you do get behind on your bills, you know, a lot of times—the company will work directly with you to make payment arrangements. But if you keep ignoring it, it could get sold to a collection agency.”
McGovern strongly urged those who are behind in payments to know and understand what collectors can and cannot do.
“They can call you. They can send you a text. They can reach out to you on social media in an attempt to collect that debt,” she said. “Legitimate debt collectors can contact you in several different ways. They can contact you at work, unless you say- please don’t contact me at work.”
But there are limits on collection efforts.
“They cannot call you all hours of the day. There are certain times of the day that they can call you,” she shared. “They cannot pretend to be an agent. They can’t pretend to be an attorney or law.”
If the calls keep coming, it’s often a deliberate strategy to pressure people into paying, McGovern said.
“Some collection agencies will use intimidation – as a collection tactic – to get consumers to pay their debts. Or, they could be old debts that they already paid,” McGovern explained. “So, it’s important to ask them for acknowledgment of that debt – to ask for a phone number to call them back. Do some research, check your credit report to make sure that debt is still out there. Or if you paid it recently, it could’ve gotten sold after you paid it. So, you want to make sure that you paid it, and that you’ve got that proof.”
McGovern said never ignore a lawsuit summons. Debt collectors can sue, and a judgment may allow banks or employers to turn over funds for what is owed.
If the debtor fails to show up, they lose their chance to fight back. That’s why it’s critical to respond by the deadline in the court papers – and work with an attorney if possible.
Those who suspect a debt collector has broken the law should report it. File a complaint with the BBB, the Federal Trade Commission (FTC), the state attorney general, or the Consumer Finance Protection Bureau (CPFB).
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