Full question:
Can bill collectors call on Sunday?
- Category: Debts and Credit
- Subcategory: Fair Debt Collection Act
- Date:
- State: Colorado
Answer:
The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from harassing or abusing debtors. This includes actions like threatening violence, using obscene language, or repeatedly calling a debtor. The FDCPA applies to those who regularly collect debts for others, mainly collection agencies, and does not cover creditors collecting their own debts.
Under the FDCPA, debt collectors must follow strict rules when communicating with debtors. They cannot call before 8:00 a.m. or after 9:00 p.m. They may contact debtors at home but cannot do so at places like clubs, churches, or school meetings. If a debtor requests verification of a debt, the collector must provide it in writing, including the amount owed and the creditor's name.
Additionally, if a debtor informs the collector of an attorney, future communications must go through that attorney. Debtors can stop collection contacts at any time, after which the collector must pursue other means, such as filing a lawsuit. The FDCPA also restricts contacting third parties about a debtor's debts, except for the debtor's spouse and parents, or to obtain the debtor's contact information.
Violations of the FDCPA can lead to the collector being liable for damages, regardless of whether the debtor owes the money. Debtors can seek up to $1,000 in actual damages, plus any additional actual damages. The Federal Trade Commission can also issue cease and desist orders against unlawful practices.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.