Many people may think that the way to deal with harassing collection calls is simple: don’t answer the phone. While this may work on occasion, collection agencies are persistent and overdue debt is a matter you must deal with.

In recent years, there have been many complaints from consumers about collection agencies not playing by the rules. Some offer empty promises, some alter the truth, and some try to intimidate. Thus, whenever you deal with any kind of collection agency it’s important to do the following:

Keep a Log: The instance the collection calls start, begin keeping a log. Record as much as possible, including times of calls, dates of calls, the name of person calling, and everything that was said. In some states, it’s legal to record the call: if so, doing this can save you quite a bit of time. Letting the caller know that the call is being recorded can also save you from on-going harassment: collection agencies tend to behave when the proverbial cameras are rolling.

Copy Documents: Not all communication from a collection agency comes in the form of phone calls: letters, faxes, and emails may also be received. No matter how you communicate with the collectors, retain everything: copy letters, save emails, and file faxes. And if the collection agency asks for something from you, send them a copy and keep the original.

Ask for Things in Writing: Verbal promises or oral contracts don’t hold water to written documents and signed agreements. For this reason, never wheel and deal with collection agencies over the phone. Get things in writing.

Tell ‘em to Cut it Out: Believe it or not, you can actually ask collection agencies to stop calling. As a consumer, you have rights and you have the right to inform them that you no longer want to be contacted via phone. If you inform them that their calls are causing you emotional stress or that you would rather speak with your actual creditor, the collection agencies should stop calling. If they don’t, you can file a complaint.

Write to Them: In addition to telling them over the phone to stop calling, you can also write a cease and desist letter.  In the letter, discuss the distress they are causing and tell them that you will speak with your creditor yourself. Keep the original letter on file somewhere and send them a copy by certified mail.  If they don’t take you seriously, bring up the Federal Trade Commission. This should make them listen.

Make some Calls Yourself: Even if you are in debt up to your eyeballs, no one has the right to harass, threaten, or yell at you. If a collection agency is doing any of these things, or ignoring your cease and desist letter and your request that they quit calling, there are agencies that can help. Try contacting the following:

• Attorney General of your State: If a collection agency is violating the Fair Debt Collection Practice Act, or FDCPA, they are breaking the law and should be reported to the State Attorney General. He or she will likely take very timely action against the violators. State licensing boards may also be able to help by investigating complaints, and revoking the license of offenders.

• The FTC: The FTC, or Fair Trade Commission, governs the actions of collection agencies. If they find a collection agency is violating someone’s rights, they can assess steep fines, and even put agencies on probation or out of business. Other national organizations that can offer help include the Better Business Bureau, the American Collectors Association, consumer advocate organizations, and the Commercial Law League of America.

• Your Creditor: Believe it or not, when it comes to violations by collection agencies, your creditor is on your side. They don’t condone offensive or harassing actions and, when brought to their attention, they may fire the agency perpetuating the behavior. If they know about the violations and do nothing, the creditor can be held responsible.

 
When all Else Fails, Sue: Suing isn’t a one way street: if your rights are violated, you can take a collection agency to court. The best way to do this is to hire a lawyer who is familiar with the FDCPA. The lawyer should know the rights of consumers and the tactics of bill collectors.

Dealing with collection agencies and collection calls is no fun. It can be time consuming, embarrassing, and emotionally and physically draining. But, it’s important to know your rights so you know when they are violated. In the event they are violated, don’t hesitate to call the proper authorities.