Aug 22, 2012
How often can a debt collector call me?
That depends. Under the FDCPA, a debt collector may not call any person repeatedly or continuously with the intent to annoy, abuse, or harass them. In practice, though, it can be difficult to determine whether and when a debt collector has crossed this line. According to the Federal Trade Commission, a debt collector may almost certainly call you more than once, but six calls per day is probably too many. Between these extremes, it depends on the facts of your particular case.
Know Your Rights!
Debt collectors violate the FDCPA when they make harassing, threatening, or misleading statements in order to trick you into making payments. Don't be fooled! Learn to recognize when debt collectors cross the line, and stand up for your rights!
Harassing and/or Abusive Statements violate the FDCPA:
Threatening to have you arrested or jailed
Threatening to take your SSI or other protected income
Threatening to take your household furniture
Threatening to cause physical injury to you or your property
Threatening to send false information about you to the credit reporting agencies
Using obscene or profane language
False and/or Misleading Statements violate the FDCPA:
Misrepresenting the character, amount, or legal status of the debt
Making empty threats to scare you
Pretending to work for a credit reporting agency
Pretending to work for a government agency
Falsely claiming to be an attorney or to work with attorneys
Sending you fake legal papers to confuse you, or telling you to ignore real legal papers.
Abusive and/or Unfair Practices violate the FDCPA:
Calling you or any other person repeatedly with intent to annoy, harass, or abuse you, or any person at that number
Calling you after you have sent a cease letter.
Calling or contacting you without disclosing that they are debt collectors trying to collect a debt
Collecting interest, fees, collection expenses, or other charges that are not authorized by your original payment agreement
Soliciting postdated checks with the intent to threaten to expose you to criminal charges, or soliciting postdated checks and then threatening to deposit them early.
Contacting you by postcard, or contacting you in any way that would disclose to a third party that they are debt collectors.
Are you experiencing any of the above? Call the NYC Financial Justice Hotline at 212-925-4929.