Debt collectors are often seen as individuals who lack kindness and customer service. Year after year, debt collectors rank high on the list of complaints received by the Federal Trade Commission. There is even a list of poorly behaving debt collectors who have been banned from working in the industry altogether.
In their attempts to collect debts from you, debt collectors may use aggressive tones, may show no sensitivity or concern for your financial situation, or may speak to you in a condescending manner. Some collectors cross the line and resort to threats or tactics of fear to try to force you to pay. If by chance you interact with a nice debt collector, consider yourself fortunate.
Since the opposite is more likely, knowing how to deal with rude collectors can protect you from being coerced into paying a debt you cannot afford. Here are some ways you can handle rude debt collectors:
Know Your Rights
Debt collectors, specifically third-party collectors, are required to adhere to the Fair Debt Collection Practices Act. This is a federal law that outlines what debt collectors can and cannot do when collecting debts from you. The law states that they are prohibited from contacting you before 8 AM or after 9 PM, threatening you with violence, threatening incarceration over the debt, or making repeated calls to harass you.
Keep Notes
Before accepting a call from a debt collector, grab a pen and paper and take notes about the call. If you need to file a complaint or sue the collector, this documentation will be useful as you present your case against them.
Maintain Control Over Your Emotions
This can be difficult, especially if you are dealing with a particularly rude or aggressive debt collector, but staying calm is best. Debt collectors are trained to remain unflappable in the face of consumer harassment, so getting angry won’t get you anywhere. The collector will not stop calling you or erase your debt.
Stop Trying to Justify Yourself
If financial difficulties are preventing you from paying your debt, you might hope for a sympathetic ear. Unfortunately, very often, debt collectors do not care about your financial situation and instead will insist that you are inconvenienced into paying any debt. Acknowledge that you’re not making progress and stop seeking compassion.
End the Call
If the conversation with a debt collector starts to turn into something you do not want to deal with, just end the call. Hang up if necessary.
Do Not Answer Calls
You are not required to answer calls from debt collectors, especially rude ones. Once you identify the phone number the collector is calling from, use your caller ID to screen the call. If they are calling your smartphone, you may even be able to download an app or adjust settings that will send their calls directly to voicemail. Just know that avoiding their phone calls will not make the debt collector disappear. They may continue to call until you pay the debt or sell the account to another collector.
Make Them Stop Calling
You have the right to request that debt collectors stop contacting you. The catch is that you must make your request in writing. This may mean speaking to the collector at least once to obtain their mailing address. Or you might be able to find the address from any bills they have sent you.
Dispute the Debt
You have the right to dispute the validity of the debt if you do not believe it belongs to you. Just like your request to stop communication, you will also need to submit this request in writing. Once the debt collector receives your dispute, they are required to send proof of the debt or stop contacting you. Be aware that if the collector sends proof of the debt, they can resume collection activities. The collector can stop calling you after sending a cease and desist regarding a verified debt.
Hire
Attorney
If debt collectors’ calls are causing you shock or stress that leads to medical bills or affects your job, you may have a legal case, especially if the collector has committed something unlawful. Be sure to keep notes of your conversations with the collector and contact a consumer rights attorney to find out if you have a legal case.
Report Them to Authorities
You can complain about rude and abusive debt collectors to the Federal Trade Commission and the Consumer Financial Protection Bureau. With enough complaints about a particular collector, legal action can be taken against the collection agency.
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Sources:
– Federal Trade Commission. “Annual Summary of Complaints Reported by Consumers”.
– Consumer Financial Protection Bureau. “Are there laws that limit what debt collectors can say or do?”
Source: https://www.thebalancemoney.com/rude-debt-collectors-960580
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