Debt Collection Phone Calls

You do not have to talk to debt collectors.  I repeat: you do not have to talk to debt collectors.  Debt collectors have one job, to get money from you, and the primary way they have of doing it is by talking to you.  Intimidating phone calls demanding money work pretty well.  However, whether you pay a debt or not should be a decision you make based on your ability to pay and other factors.  It should not be something you are bullied or harassed into doing. 

If you write a debt collector and tell them that you refuse to pay a debt or that you want the debt collector to cease further communication with you, they must comply (with the exception of some very limited circumstances). As a practical matter, to make this letter work you must send it certified mail return receipt requested.  Identify yourself and debt (with account number or file number) and keep a copy of the letter and the green card from the post office.  If the debt collector calls you back, write everything down, including their name, company's name, time, date, everything they said and you said.  At this point the debt collector will have broker the law, and you will have the right to sue to recover damages.  Read more about that process here.

If you do decide to allow a debt collector to call you, the following rules apply:

• They can not call you at a time or place they know or should know to be inconvenient to you (209 Code Mass. Regs. 18.14).  Unless you say otherwise, it is always inconvenient (and thus unlawful) to call you before 8:00 A.M. or after 9:00 P.M.

• They can only communicate with you twice in a seven-day period at your home (or billing address) and twice in each 30-day period at any other place. This is one of the most commonly violated Massachusetts regulations.

• They can not call you at work if they know or should know that your employer prohibits you from receiving such calls.  They can also not call you if you have made a written or oral request asking them not to call you at work.  However, an oral request is only valid for ten days unless you follow up quickly in writing.  It's a good idea to make all requests in writing.  Send any letters to debt collectors certified mail or by fax.

• If a debt collector knows you are represented by an attorney with respect to the debt they are attempting to collect, they can not call you but have to call your attorney's office.

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Privacy Rights

Debt collectors can not inform other people that you owe a debt (except your spouse and some other very limited exceptions). This is a serious invasion of your privacy and against the law.  For example, a debt collector can not inform other members of your household, your neighbors, or the people you work with about your debt.  They can not say they are calling about a debt or to collect a debt.  They can not even say who they work for unless someone asks.  This is a serious offense and can be easy to prove because there is often a third-party to testify that they were told about the debt.  Please consider contacting me to represent you in a lawsuit against the debt collector if this happens to you.

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Lies and Consequences

Debt collectors can't lie to you.  This is very a common violation.  Some debt collectors will say almost anything to get you to pay a debt.  They will say that they will report you to a credit reporting agency, get you thrown in jail, sue you, have the sheriff come out to see you at work, etc.... There are many common lies.  It is unlawful for a debt collector to make false threats or statements.  The problem for people is distinguishing between what is false and true.  Debt collectors sometimes sue, but this is unlikely unless they are calling from a local office.  Telling you that you will go to jail or that the police will come to see you is always a lie.  The problem with these cases is that there is often no third-party corroboration.  However, if you take very detailed notes, you might have a worthwhile case.

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Debt Collection Abuse

Debt collectors can not swear at you or say things to you that would make a normal person feel abused.

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Next Steps

If you want to learn more about lawsuits against debt collectors, read the FDCPA Lawsuit Fact Sheet. Usually, the best cases are those that involve an invasion of privacy (revealing or implying the debt to someone else) or cases that involve serious abuse and lies. After you read the FDCPA Lawsuit Fact Sheet, there will be a link to submit a FDCPA mini-questionnaire.

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