When attempting to get debtors to pay up, debt collectors are frequently known for being intrusive, impolite, and even frightening. The federal Fair Debt Collection Practices Act (FDCPA) was enacted to curb annoying and abusive behaviors. Even so, some debt collectors flout the law. Here are five tactics that debt collectors are specifically forbidden from using.
Debt collectors generally are legitimately working to try to recoup funds legally owed to a lender. A company may use debt collectors when they have exhausted all other means of getting their money. Although debt collectors are required by law to act aggressively, there are limits to what they can do.
Here are five practices that a debt collector may not use to try to collect money from you.
Can Debt Collectors Track Your Phone?
Debt collectors can’t magically track your phone but they have ways to find your number. They can get it from:
- The original creditor: When your debt is sold to a collector, they also get your contact information.
- Your credit report: Your credit report has your latest contact info, including your phone number.
- Caller ID: If you call the collector first, they’ll save the number you used.
- Someone you know: A friend, family member, or even your employer might give the collector your number.
- The internet: Collectors can search online to find your number listed in directories, public records, or social media.
How to Stop Debt Collector Calls
If you’re getting harassed by debt collectors, you have options:
- Send a letter: Tell the collector to stop calling you.
- Pay the debt: This is the quickest way to make the calls stop.
- Negotiate: You might be able to settle the debt for less than you owe.
- Report them: If they’re breaking the law, report them to the CFPB.
Additional Resources
- Consumer Financial Protection Bureau: https://www.consumerfinance.gov/ask-cfpb/what-is-a-debt-collector-and-why-are-they-contacting-me-en-302/
- TSI, Transworld Systems: https://www.transworldsystems.com/what-is-skip-tracing-for-debt-collection/
- Federal Trade Commission: https://consumer.ftc.gov/articles/debt-collection-faqs
Frequently Asked Questions
Can debt collectors track my location?
No, debt collectors can’t track your location using your phone number. But, they might be able to locate your address using other resources, like social media or public records.
Can I block debt collectors from calling me?
Yes you can block their number. However they might try to call you from a different number. You can also send them a letter telling them to stop calling you.
What if I don’t owe the debt?
If you don’t owe the debt, you should dispute it with the credit bureaus and the debt collector. You can also file a complaint with the CFPB.
Debt collectors can be annoying, but they can’t magically track your phone. If you’re getting harassed, you have options. You can send them a letter, pay the debt, negotiate, or report them.
Disclaimer
I am an AI chatbot and cannot provide financial advice.
Harass You
The law lists specific ways in which debt collectors are not allowed to harass you. They are not permitted to:
- Threaten you with violence or harm
- Use obscene or profane language
- Call you repeatedly
- Call you before 8 a. m. or after 9 p. m. without your permission.
- Call you at work, if you forbid it in writing
- If you instruct the collector in writing to cease all communication with you or to only reach out to your attorney, they won’t even make contact with you.
Debt collectors may still get in touch with you even after you take that final action if certain conditions are met. For example, they may call to inform you that they will no longer be contacting you or to inform you that a lawsuit has been filed against you.
If you receive a court summons for a lawsuit regarding your debt, dont ignore it. An unscrupulous debt collector might fabricate such a document, or it might be legitimate.
If you receive a summons, make sure the notice is correct by contacting the court directly by searching for its contact information online (not on the notice you received). Dont use the address or phone number on the document you receive.
Exception to The FDCPA Rules
Theres an important exception to the FDCPA: In-house debt collectors arent subject to it. For instance, the retailer need not abide by the guidelines mentioned above if it calls you directly because you are behind on your credit card bill.
Most in-house collectors go after debts that are only a few weeks or months delinquent. Following that, the original creditor typically sells your debt to a debt buyer who keeps the money it collects, or it hires a collection agency to collect on its behalf. In that case, the collectors would be subject to the FDCPA.