6. Illegal Debt Collection Practices (2)
Communications with you. A collection agent cannot contact you:
• at an unusual or inconvenient time or place— the debt collector must assume that calls before 8 a.m. and after 9 p.m. are inconvenient unless she knows otherwise, or
• at work, if she knows that your employer prohibits you from receiving collections calls at work—if you are contacted at work, tell the collector that your boss prohibits such calls. Harassment or abuse. A collection agent cannot engage in conduct meant to harass, oppress or abuse you. The agent cannot:
• use or threaten to use violence or harm you, another person, or your or another person’s reputation or property
• use obscene or profane language • publish your name as a person who doesn’t pay bills, such as in a “deadbeats” list
• list your debt for sale to the public
• call you repeatedly, or
• place telephone calls to you or any other person without identifying herself.
False or misleading representations. A collection agent cannot:
• claim to be a law enforcement officer, suggest that she is connected with the government or send you a document that looks like it’s from a court or government agency Unfair practices. A collection agent cannot
engage in any unfair or outrageous method to collect a debt. Specifically, she can’t:
• add interest, fees or charges not authorized in the original agreement or by state law• solicit a postdated check by threatening you with criminal prosecution• accept a check postdated by more than five days unless she notifies you between three and ten days in advance of when she will deposit it• deposit a postdated check prior to the date on the check, or• call you collect or otherwise cause you to incur communications charges.
Taken From : Credit Repair by Attorneys Robin Leonard and Deanne Loonin
