It has been found that many a times, the debt collection agencies go beyond their rights and harass the borrowers. It is our responsibility to know our rights as borrowers under the FDCPA. Here are a list of things that a debt collector may or may not do while contacting you:
Time to contact - A debt collector can contact you between 8AM to 9PM. However, if you work in the night shifts, then the debt collector can contact you at different hours.
Frequency of calls - As per FDCPA, the debt collectors will not be able to call you frequently in order to harass, annoy or abuse you. The debt collectors may call you more than once in a day but six calls per day would mean that they are violating the rules.
Nature of contact - The debt collector can contact you via mail, telephone, fax or in person. Normally, the debt collectors will contact you through telephone.
Contacting during work - Debt collectors can contact you at work. However, if your employer does not allow you to take personal calls, then you should inform the debt collector immediately about it. You should ask them to stop calling you when you are at work.
Contacting friends, family and employer - A debt collector cannot contact your friends, family members or your employer if he knows your contact details. In case, you are represented by an attorney, then too, the debt collectors cannot call your friends, family members or your employer.
However, the debt collectors can contact others in order to verify/confirm you contact details. In order to do so, he or she will not be able to identify himself/herself as a debt collector. He or she will also not be able to tell them that you owe debt.
Stopping calls from debt collectors - You will have to write a "cease and desist" letter to your debt collector that you refuse to pay the debts mentioned by him and thus they should stop contacting you. It should be a certified mail and you should request for a return receipt from the debt collector.
Recording conversations - You can record the calls that the debt collector makes if you find that they are regularly contacting you. This will help you keep a track of the things that the debt collector has said to you. In case of a verbal agreement, you can use this recorded conversation as a proof to enforce the agreement. Also, while you file a complaint against the debt collector, you can use the recorded conversation as an evidence.
Legality of recording conversation - In some states like New York, it is considered as legal to record any conversation. I would suggest you to know the telephone recording laws of your state. In some states it is considered to be a criminal offense if you record a conversation.