You have rights under the Fair Debt Collection Practices Act [1] and you may have additional rights under your state consumer protection laws. If you believe your rights were violated, you should do the following:
- Document Everything: As soon as possible, note the
details of the phone call (or other communication) in a
call log. You should note the following information:
- Date and time of call
- Place of the call (home, work, mobile phone, etc.)
- Caller name, company name and any other contact details (phone numbers, address, etc.)
- Credit account and amount demanded
- Tone of callers voice
- Language used by caller
- Threats made by caller
- Any other information you feel is important (frequency of calls, etc.)
- Use this information to file a complaint with the
following agencies:
- Federal Trade Commission [2]
- Your States Attorney Generals Office [3]
- Better Business Bureau [4]
- Contact an attorney [5] licensed to practice law in
your state. Be sure to evaluate more than one attorney [6]. The
FDCPA allows for penalties and recovering legal costs if
the consumer wins the case against the debt collector.
- If you are enrolled in a debt relief program (debt management plan, debt settlement program or bankruptcy), inform those helping you with your debt about the situation. If the debt relief organization utilizes a consumer advocacy service, like the United Consumer Advocacy Network [7], then also report suspected violations to them.
- Post your situation on the Forum [8] so others can learn from your experiences and share their thoughts, feelings and similar experiences.