Collectors in the USA can now constantly write and call debtors: what can be done about it

Tired of annoying calls from debt collectors? They can now send you text messages and emails, perhaps even Facebook messages. How to get rid of collectors, the publication said The Penny Hoarder.

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The Financial Consumer Protection Bureau has issued a final rule to update the Fair Debt Collection Practices Act (FDCPA). Good news: Collectors are only allowed to call you seven times a week for each debt. Bad news: They have the right to send you unlimited emails and messages, and can potentially contact you through social media.

In theory, the law was updated because when it was passed in 1977 there was no technology to contact you via text message or email.

According to Bruce McClary, vice president of communications for the National Credit Counseling Fund in Washington, both consumer advocates and debt collection companies believe the law is outdated.

And while the rule opens the door to additional communications from debt collectors, he noted that it also clarifies that consumers have the right to opt-out of emails. But opening up electronic channels could mean more opportunities for debt collectors to gather information and harass you.

“The likelihood that debt collectors will use social messaging apps to contact consumers raises more questions about the right to privacy,” McClary said.

How changes to the FDCPA could affect debt collection

The change to the FDCPA focuses on debt collection communications and updates the way collectors communicate with debtors.

How collectors can use emails

Under the new rule, debt collectors can now contact you via email and text messages.

When it comes to electronic communications, there is no mention of limiting the number of contacts. Unless you have an unlimited text messaging plan, one energetic debt collector can boost your cell phone bill pretty quickly.

On the subject: How to find out if you have a collection debt

But just because a collector is sending a message or email doesn't mean you're stuck getting endless messages.

The rule requires debt collectors to offer a “smart and simple method” for opt-out of future communications: if a collector contacts you by email, you can request an end to communication using the same communication method. Therefore, if the collector sends you a message, you can send him a text message so that he will no longer contact you.

However, one of the protections under the current FDCPA is the right to require a debt confirmation letter that collectors must send you upon request.

According to McClary, if collectors send you an email, they could potentially use it as an opportunity to start collecting payments without clearly explaining the information you have a right to know.

“There is a possibility that they may include elements in these emails that allow people to request verification of debt or enter into debt repayment agreements,” he said.

Social media connections for debt collection

The change also left the door open for social media messaging, which could offer new opportunities for collection agencies to connect with clients.

However, according to McClary, current law prohibits debt collectors from disclosing any information about the debt (or even the reason for the contact) to anyone other than the person who owes it. This discretion is becoming an increasingly difficult task in the world of social media.

How many calls from the collector can be considered harassment

In addition, the rule states that making more than seven calls a week about a certain debt is considered harassment. This may sound reasonable, but many people rarely owe just one account, McClary notes.

“If you think about it, a person may have not one, but, say, three debts to collect, so 21 attempts to establish contact per week are allowed,” he clarified.

What can be done to protect yourself

McClary noted that the new rules will only take effect in a year, so you have time to prepare.

When the debt collector contacts you, remember that you have control over the communication. For example, if you have a limited data plan, please answer him, but ask him to contact you in a different way.

On the subject: How American States' Debt Affects the Lives of Their Populations: An Overview

But even if you are not aware of your debt or think that it is a scam, you should maintain at least one line of communication with the collection agency.

“Their collection efforts will continue whether you talk to them or not,” McClary said. “It’s better to talk to them and know what to do next.”

If you are concerned about phone calls or text messages, please ask for mailing options, including letters of debt confirmation. You can also request that debt collectors stop contacting you at a specific time or place (for example, at your job).

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