According to the Federal Trade Commission's (FTC) 2007 Annual Report on the Fair Debt Collection Practices Act (FDCPA):
Complaints about third-party debt collectors and in-house collectors represented 26% of all complaints the FTC received in 2006.
40.3% of the FDCPA complaints were about debt collectors “misrepresenting the character, amount, or legal status of a debt.”
21.2% of the FDCPA complaints were from debtors alleging that collectors “harassed them by calling repeatedly or continuously.”
Within 5 days of the first contact, a collector must, by law, provide certain information to the consumer in writing , including the following:
The amount of money owed.
The name of the creditor.
What action a consumer can take if they do not owe the money.
Steps to Dealing with Collectors
When contacted by a debt collector, there are various ways to handle it:
If the debt is one that you actually do owe:
Pay the debt – If you can pay it, do so immediately to avoid further contact.
Call the creditor – If you owe the debt and cannot pay, contact the creditor and explain the situation. Many creditors will work out a payment plan with you.
If the debt is one that you do not owe:
Write the creditor a “Cease and Desist Letter.” Federal law states that a creditor may not contact you if, within 30 days of receiving written notice, you send a letter stating that you do not owe the money and request that the collector not contact you again. The collector then cannot renew collection until they send you “proof” of the debt, such as a copy of a bill for the amount owed. Send the “Cease and Desist Letter” by certified mail and keep a copy .
Dispute billing errors and/or other inaccuracies in the collection letter. If you dispute the debt within 30 days of receiving the letter from the collector, then the collector must stop collection efforts while investigating the dispute.
If the collection calls continue after you send a Cease and Desist Letter, contact an attorney. Collectors must stop contacting a consumer who is represented by legal counsel. Contact your local bar association for a referral or visit the Ohio State Bar Association website at: www.ohiobar.org/ .
Contact the government. If the collector continues to harass you, contact the Ohio Attorney General's Office and/or the Federal Trade Commission.
For Information or Further Assistance
Ohio Attorney General's Office – Contact the Consumer Protection Section at 800-282-0515 or visit the website at: www.ag.state.oh.us .
The Federal Trade Commission – Contact the FTC at 877-FTC-HELP (877-382-4357) or visit the website at: www.ftc.gov .
Ohio State Bar Association – Contact the OSBA at 800-282-6556 or visit the website at: www.ohiobar.org/ .
Ohio State Legal Services Association – Contact Legal Aid at 614-221-7201 or visit the website at: www.oslsa.org .
Pro Seniors Legal Hotline and Referral Service (for persons who are at least 60 years of age) – Contact Pro Seniors at 800-488-6070 or visit the website at: http://www.proseniors.org/legal_services.html .
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