Rights Regarding Collection Agencies

• Federal and state laws are in place to protect consumers from illegal debt collection practices. Andrew Bret Wallis/Brand X Pictures/Getty Images

  Debt collectors in the United States are governed by the Federal Fair Debt Collection Practices Act, which is supplemented by individual state laws. The laws are in place to protect consumers who do not always know their rights and often become the victims of threats, harassment and other unlawful conduct for which the debt collector could be punished.

Communicating With the Debtor

• A debt collector may not attempt to contact the debtor before 8 a.m. or after 9 p.m. local time for the debtor or try to contact the debtor at a place that the debt collector knows is not convenient for the debtor including the debtor's workplace. If the debtor has hired an attorney to handle the debt collection the debt collector cannot contact the debtor directly.

Harassment or Abuse

• A debt collector may not threaten a debtor with violence or any other criminal act, use abusive language or call a debtor on the phone repeatedly to harass the debtor. He may not publicize the debt or threaten to sell the debt to intimidate the debtor. A debt collector is not permitted to call the debtor without disclosing his identity.

False or Misleading Representations

• A debt collector may not impersonate a law enforcement officer or federal agent or accuse the debtor of committing a crime and say that nonpayment of the debt could result in imprisonment or seizure of the debtor's personal property. He may not pretend that he is an attorney or is working for an attorney or falsely tell the debtor that if she sells or transfers any interest in the debt, she will lose the protection of this law. A debt collector cannot threaten to report false credit information to a third party.

How to Stop the Calls

• If a debt collector receives notification in writing from the debtor to say that she does not intend to pay the debt and she wants the collection calls to stop, he can call one more time to tell her he will not be calling again and that other debt collection efforts will be initiated, which may include legal action.

Communicating With Third Parties

• A debt collector can communicate with the debtor's attorney and report the debtor's information to credit reporting agencies. He may contact a third party only to get the contact information of the debtor. He must identify himself and he cannot disclose that the debtor owes money or that he is in the debt collection business.

Unlawful Fees and Charges

• A debt collector may not charge unlawful fees or interest amounts. He cannot obtain or threaten to deposit a postdated check prior to the date on the check. If the debtor has several debts, the debt collector may not substitute the intended payment by using a check for a specific debt to pay for another debt.