Okay, so you know what they can't do, but they do it anyway. What steps can you take to prevent this abusive harassment? You don't have to move or change your phone number, but you will have to a bit of work to get it to stop. Here's what to do:
• Ask for written notice. Under the law, a collector must send you written notice stating the amount you owe and the name of the creditor. If within 30 days of getting this notice you send a letter stating you do not owe the amount, they may not contact you again. However, a collector may renew the activities if proof of the debt, such as a copy of the bill, is sent to you.
• Hang up the phone. No kidding, you can just hang up.
• File all collection letters and keep detailed notes of each call (times, location, language used, threats etc.). Make sure you get the person's name who is calling -- each time.
• Tape the conversation. Thirty-five states and the District of Columbia allow secret phone taping. You must ask permission from collector to tape the conversation if your state does not allow secret taping.
What can you do if you believe a debt collector violated the law?
You may sue a collector in a state or federal court within one year from the date the law was violated. If you win, you may recover money for the damages you suffered plus an additional amount up to $1,000. Court costs and attorney's fees also can be recovered.
A group of people may sue a debt collector in a Class Action Suit and recover money for damages up to $500,000, or one percent of the collector's net worth, whichever is less. Documentation is imperative to prove your case, though most judges know these practices are occurring frequently.
Where can you report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General and the Federal Trade Commission. Many states have their own debt collection laws, and your Attorney General's office can help you determine your rights.
