Law protects debtors from bill collectors
If you’re like many Americans, you may have bought merchandise with a credit card, thinking you could make the payments in a timely manner.
But if you have become delinquent in making payments, it is likely you will hear from a bill collector. The Fair Debt Collection Practices Act allows creditors to take aggressive steps to collect whatever they can, including freezing the debtor’s bank accounts.
However, the law also places limitations on bill collectors to ensure that the debtor receives fair treatment. While bill collectors are permitted to contact you in a number of ways – by phone, mail, e-mail, telegram or in person – they must limit these contacts to reasonable times and places.
For example, bill collectors may not call you before 8 a.m. or after 9 p.m. unless you give permission. They may not call you at work if you’ve made them aware that your employer disapproves. Bill collectors may not curse or threaten you – even if you are abusive to them. They cannot lie about the likelihood of legal action, such as saying they will have you arrested, or adding unwarranted charges to the amount you owe.
In these tough, economic times, complaints against over-aggressive bill collectors are accelerating. If you feel you are being unfairly harassed by a bill collector, there are steps you can take to get them to stop.
Contact the collection agency in writing, providing details on why you feel that you’ve been unduly pursued and harassed. If this doesn’t work, you can lodge a complaint with the Federal Trade Commission (FTC) or the Better Business Bureau. Some 71,000 people lodged complaints with the FTC last year, about double the number who did so in 2003, and some 14,000 people complained to their local Better Business Bureau. Many debtors who lodged the complaints said they were being charged unfairly or in fact, didn’t even have the debt. In Illinois, you can also file a complaint with the Attorney General’s office.
Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.