All US citizens rights are protected by law when it comes to collection agencies. Strict and specific laws have been created at both a state and federal level in order to protect consumer’s from creditor’s. All collection agencies must follow these laws or they can be reported and prosecuted for failure to comply by said laws.
The individual rights of consumers vary in some cases by state to state. Therefore, every one should research their states individuals laws to understand the specific guidelines that collection agencies must adhere to when attempting to collect an outstanding debt.
Collection agencies are organizations or businesses whose purpose is to collect debts. In most cases major companies such as Visa and Master Card can turn over outstanding and delinquent accounts to a third-party collection agency. They outsource the collections to another company, who will then work on behalf of the credit card company to collect the outstanding balance.
If a collection agency contacts you via telephone to discuss an outstanding debt, it is your right to request that information pertaining to this debt also be sent to you via mail.
Any contact that a collection agency has with an individual whom they are attempting to collect a debt from; must begin with the agency informing you that are attempting to collect a debt. If they act as if they are some one else, they are violating your rights and laws. If a collection agent claims to be working for the agencies legal department and they are in fact nothing more than a collection agent, they are violating your rights again.
If you disagree with a collection agent on an outstanding debt they are not permitted to harass you or garnish your wages or threaten legal action. You simply need to inform them that you are aware of your rights and that you will contact them via mail within 30 days with a letter stating your disagreement. You will then to compose such a letter explaining why this debt is not yours or is incorrect.
Also, if you are feeling harassed or threatened by a collection agency you are permitted to submit a certified letter to the collection agency that you wish for them to no longer contact you via mail or telephone. In doing so the collection agency is not permitted to contact you. Doing so would violate your rights and you can file suit against them.
Many collection agencies will resort to “scare tactics” in order to collect a debt. They will threaten to expose your outstanding debt to your family and friends, they will threaten to imprison you, and so on an so forth. By law, collection agencies are not permitted to make threats that can cause you embarrassment or harm. They are also not at liberty to threaten things that they are not able to follow through on.
Since every state has their own specific laws, you as a consumer should do some research in order to see what is acceptable and unacceptable in your state. When you do find unacceptable or illegal activity, it is fully in your rights as a consumer to file suit against the collection agency.
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