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Collection agencies frequently engage in illegal or deceptive practices when trying to collect debts. However, you don’t have to be a victim of their tactics, if you know your federally protected rights. Taking action against such violations could even result in forgiveness of your debt. Collection agencies who don’t follow the law can see fines and court fees levied against them as well as lose their license.

Individuals facing collection proceeding have federally protected rights under the Fair Debt Collections Practices Act (FDCPA). Some of the specific provisions provided include:

Abuse and Harassment

A collection agent cannot use or threaten to use force against you, your property, or another member of your family. They are also prohibited from calling you repeatedly, not identifying themselves, listing you on a “deadbeat” list, or listing your property for sale.

Communication Channels

Collection agents are only allowed to contact you during reasonable hours. That usually means around 8am to 9pm, unless you tell them that’s not convenient. They cannot contact you at work if your boss doesn’t allow it. In addition, all contact must stop at your request, unless to tell you your case has either been settled, or they are filing suit.

Communication with Third Parties

Collection agencies are not allowed to talk to outside third parties about any aspects of your case. The exception is when they are trying to find out where you are. Then they can only ask your whereabouts and give their name. No mention of your debts or their employer can be given out. The third party cannot be contacted again unless they give permission or the agency has reason to believe they were given incomplete or false information.

All communications must go through your attorney, if you have retained one. This is true unless you have given permission for the collection agency to contact you or your attorney does not respond to their attempts. They are also allowed to contact your spouse, or parents if you are a minor, unless you have asked in writing for them not to. Even though it’s common, they are not allowed to harass your parents or your adult children to try to get you to pay.

Deceptive Practices

Some debt collectors have used fake legal documents and impersonated law personnel to try to collect. These tactics, as well as falsification of documents or making them appear they are from a lawyer, are illegal. Misrepresentation of the facts about your case, such as how much you owe or the legal status of your debt, is also strictly prohibited. In fact, collection agencies cannot threaten you with any kind of legal action, unless they actually plan to follow through with it.

Unjust Practices

Other common tactics that are not allowed include the addition of fees and interest to your original debt, threatening criminal prosecution, depositing a post dated check without permission, or causing you to incur further costs due to their collection efforts. Consumers are protected under the law from these and any other unfair, unreasonable, or crooked tactics.

Your Recourse

You need to file a complaint with the Federal Trade Commission, your state Attorney General’s office, and your original creditor if you have been the victim of any of these types of practices. The first one to contact should be your original creditor. Since they could be liable for any violations, they could simply forgive your debt to make the matter go away.

Another potential recourse is to sue the collection agency for these types of violations. You must document your claims and have at least one witness. In the past, some plaintiffs have been awarded damages and/or money for pain and suffering. Particularly bad cases of repeated abuse have resulted in punitive damages as well.

You need to know your rights when facing unscrupulous collection agencies. Hold them accountable and report any violations to the proper authorities right away to avoid being their next victim.

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