Know your rights- facts about collections and harassment

Is it legal for collectors to call at work?

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Bill's Answer: Bills.com Resident Expert

Thanks for visiting Bills.com. The quick answer is: NO. An overly aggressive collector should not be able to get your fired from your job. In fact, there is an entire federal law that the FTC (Federal Trade Commission) enforces, called the Fair Debt Collection Practices Act (FDCPA).

The important consideration is that you have the obligation to request the collector to "cease and desist" future communication with you, and to tell them that if they continue their harassment that your job will be jeopardized (unfortunately, it appears that this already happened).

There are some states where FDCPA applies to the original creditor, but in every state the FDCPA applies to 3rd party collection agencies. I have attached a sample cease and desist form that you can print out and customize for your needs, if it will help you out.

If you need debt help, Bills.com makes it easy to apply for debt resolution assistance.

I hope this helped you Find, Learn, and Save!

Best,

Bill

Bills.com

Comments (24)


Elizabeth L.
Tucson, AZ  |  August 19, 2011
My parents' main home phone line (so not their cell) was contacted by NCO financial systems, a collection company. The call went to vm and they left an automated message saying they were calling about a debt and to call back another number and ask for a Ms. Collins, as well as an ID number to use when calling. However my parents have excellent credit and no payments that are late, charged off, unpaid etc. I am also in the same situation and have no unpaid debts or defaulted payments. I have looked up information about NCO and they make phone calls to incorrect people, harass, etc. So my dilemma is do I call them back? Most say there is no answer or they are hung up on or they had the wrong number but because it is a live line they keep calling so people have to take more dramatic measures like report them to the state AG. It has been 24 hrs. since the first phone call and I have not received any new calls. If I do not receive any more in the future is it safe to ignore this first random one? The first step, (from what I read here) is to validate any debt anyone is trying to collect whether or not it existed a long time ago or is completely made up (calling to collect for an old cable bill but person never had cable). I also read about a 30 day window to validate a debt since first contact, otherwise the company is not obligated to validate it? Should we just monitor our credit reports and as long as there isn't anything there not worry about this call and future calls? The reason I am so weary to call and ask is b/c this main line is also used for work and cannot be changed if this misunderstanding is not resolved quickly. Just some advice as I do not want this situation to escalate b/c I made naive mistakes. Thanks so much.
Bills.com
August 19, 2011
Under the FDCPA, a voicemail is not a contact. If the caller does not call again, then it is not a very good collection agent, or he or she realizes the number they dialed was incorrect. If the collection agent calls again, ask for the name and address of the caller, and gather any information you can about the debt. Send a debt validation letter Certified Mail. If the caller refuses to give you any mailing address, you are almost certainly dealing with a fake debt collector — in other words, a scam artist.
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Bills.com
December 29, 2009
See the answer I wrote for Annette above on 12/16/2009.
Pat .
December 29, 2009
Two words Green Tree.... The absolutely most harassing company EVER!!! If i answer their call and tell them when I am pay they will still call and they do up to 12+ times a day starting at 7AM est. When I am paid I do bill pay through my checking account and because of the delay (even when told it has been submitted) they still call. On occasions the operator even gets rude (happened more than one time) saying things like "Don't do bill pay then and we won't call". I do bill pay because their is no fee on the payment. Who are they to tell me how to pay MY bill? What can I do? I know their is something called computers in front of these idiots that can store updated payment information in them. Today has been the answer the phone and a couple secs later a hand up or you hear someone just holding the phone.
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Bills.com
December 16, 2009
Under the Fair Debt Collections Practices Act, a third-party collector is required to stop contacting you if you notify it in writing to cease communications with you. If a collection agency continues to call, harass, or threaten you, you may send the agency a cease communications demand letter. You can review an example cease and desist letter at the Bills.com debt self-help page.
Annette .
December 16, 2009
how can I make the collectors stop calling me 2xtimes a day sometimes more and the worst is the calls are automated so when I say hello its takes 2 moments before they answer and sometimes a hangup, I can tell that the call is farway and the connection is bad, pls. help!....
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Bills.com
October 28, 2009
Take up the matter with a supervisor. It is curious that the first representative did not make a record of your conversation in the creditor's computer system. What your story points out that any time a customer makes an alternative payment plan with a creditor, get the agreement in writing.
Dana .
October 27, 2009
I got behind on a credit card when I was not checking my statement and had auto payments, I had not realized the intrest rate had gone up and 2 late charges. I arranged payments with the first person who called but this company says they have no record of that agreement, as it was with the other department and are calling 2X day, They say they have no way to stop the calls. What the heck??
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Bills.com
September 27, 2009
See Repaying Student Loans Held by the U.S. Department of Education and Common Disputes Involving Defaulted Student Loans to learn more about the rules surrounding collections on federal student loans. Unfortunately, there is no state or federal requirement that collection agents or student loan telephone representatives treat customers with courtesy. Regarding your question, I suggest you contact the state bar association in your state and ask if it has a list of attorneys who specialize in consumer law.
Cristina F.
September 27, 2009
Need Help! I owe for a student loan. Shortly after becoming a nurse I was disabled from an injury. After years of trying to "work through" my disability, I finally began collecting social security/disability. I submitted a physician statement and application to the Federal loan collector in attempt to have my loan discharged. This first application was denied and I was told that just because Social Security has deemed me disabled, that does NOT mean that THEY consider me disabled. I was allowed to submit another application for discharge with more detailed information/documentation regarding my disability...and I didn't hear a thing for nearly a year. NOW, I am suddenly getting collection letters again, attempting to collect my student loan, and threats to garnish my social security benefits...I hired an attorney to PROVE to Social Security that I was indeed unable to work...is this what I am going to have to do to satisfy the student loan collection company? I am so frustrated - and these people are HORRIBLE to speak with, very rude, cold and don't care a BIT! Is there a type of attorney out there who works on these sorts of cases? Thanks...in advance!
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Bills.com
September 25, 2009
First, read these two replies to other readers who had similar questions: "Consequences of Credit Card Default" and "Collections Agencies, Collections Laws and Your State's Statute of Limitations." The first article I mentioned discusses credit card debt. For the most part, all unsecured consumer debt is treated the same under the law. Next, I recommend you review your rights under the Fair Debt Collection Practices Act. Finally, I recommend you study the Bills.com article "Debt Negotiation and Settlement Advice"
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