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December 3rd, 2008

Industry Association Warns Collectors of Calling During the Holidays

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Consumers going through the debt settlement process will be forced to deal with collection calls at some point. Collection calls, while stressful for most people, are actually an important part of the process. It is vital that you remain in contact with those creditors you wish to negotiate a settlement with.

Unfortunately, some consumers fall victim to overly aggressive and persistent collectors. If you have several different creditors or collection agencies calling at the same time, it can be quite nerve-racking.

Good News!

The  (ACA International) recently released a statement to their members with regards to collection efforts during the holiday season.

The actions of third party collection agencies are restricted by the Fair Debt Collection Practices Act (FDCPA).

ACA International provided this legal opinion in their statement:

“Although the FDCPA does not specifically bar communication on any holiday, if a debt collector knows or should know contacting a consumer on any holiday would inconvenience the consumer, such action likely would be a violation of Section 805(a) of the FDCPA”

Collection Agencies that violate the Fair Debt Collection Practices Act face a penalty of up to $1,000 in statutory damages in addition to the plantiff’s attorney’s fees.

Keeping in mind that this is simply a legal opinion provided by an industry association, you may notice a decline in collection calls throughout the month of December.

Here is a list of the more common holidays in December:

  • December 22 - 29 | Hanukkah
  • December 25 | Christmas
  • December 26 | Kwanzaa
  • December 29 | Muharram

If you do find yourself being harrassed by a collection agency, it is important that you understand your rights. Some debt collectors, with little regard for the law, will attempt to strong-arm you into making a payment. Although explicitly prohibited by the Fair Debt Collections Practices Act, they may threaten to:

  • Attach your wages when unlawful or not intended
  • Contact your employer about the debt
  • Contact the Department of Homeland Security about your alien status
  • File or threaten to file criminal bad check charges on a post dated check that the collector solicited from you
  • Report a financed vehicle as “stolen” because you missed one or more vehicle payments

This represented just a small sample of some of the tactics used by unethical debt collectors. If you feel your rights have been violated or need clarification on something a collection agent said, you should contact an Attorney. The National Association of Consumer Advocates maintains a list of Attorneys that specialize in these matters.

About the Author:

Chris Rocks is the Regional Director of the National Credit Federation (NCF), a consumer advocacy group that assists small business owners and consumers overcome debt and credit challenges. He can be contacted by visiting his personal site, GoodCreditLiving.com.

Post written by Chris Rocks

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  • Chris Rocks is the Regional Director of the National Credit Federation (NCF). NCF is a nationwide membership-based organization that assists consumers recovering from a financial difficulty and those who need a significant increase in their credit score. Chris began his financial services career as a Financial Advisor helping young families with risk management and asset accumulation strategies. It was during that time that Chris realized that many of these young families also needed someone to guide their choices with regards to debt management. He made the transition into the mortgage industry where he first worked as a loan originator and later the Vice President of a small mortgage company. As Chris came across clients who had suffered through financial challenges and saw the difficulty they had in re-entering our credit driven economy, he discovered there was a real opportunity to leverage his unique background and help others. He can be contacted by visiting his personal site, GoodCreditLiving.com.

  • Francine L. Huff is the Publisher and Editorial Director of Super Savvy Publishing, LLC, which provides editorial and publishing services. She is a gifted author, freelance journalist, and motivational speaker who has entertained and motivated a variety of audiences through workshops, panels and keynote addresses. Francine is the author of The 25-Day Money Makeover for Women, which has inspired and motivated many readers to rein in poor financial habits, become good stewards over their money and work toward a debt-free life. She has appeared on a variety of TV and radio shows. Francine previously worked for the Wall Street Journal, where she was the spot news bureau chief, a news editor and a copy editor. She has interviewed a variety of financial professionals about financial issues and strives to present information about managing money in an easy-to-understand format that is accessible to people of all backgrounds and income levels.

  • Karen Lawson is a freelance writer with more than 15 years of experience working in mortgage banking and loan servicing. She holds BA and MA degrees in English from the University of Nevada, Reno. She enjoys writing informative articles about debt management and personal finance.

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