By Sergei Lemberg

These days, bill collectors are doing everything they can to squeeze consumers out of every penny they have. Like sharks detecting blood in the water, debt collectors know that people are vulnerable in today’s economy -- and they take advantage of that. A bill collector will use a variety of strategies -- some legal and some illegal -- to crush a person’s spirit and make him or her take desperate measures to stop the harassment. Bill collection agencies count on the fact that most people don’t know which tactics are legal and which are illegal, and don’t know how to stop bill collectors.

Knowing the law not only makes you feel empowered, but it also gives you ammunition with which to fight bill collectors. The federal Fair Debt Collection Practices Act outlines legal and illegal behaviors for debt collectors. Here’s a summary:

Contact You through the Mail: Debt collection agencies can send you letters through the mail, but they’re not allowed to send postcards. When an agency sends a letter, the outside of the envelope can’t indicate in any way that the sender is trying to collect a debt. The reason that postcards and blatant envelopes are illegal is because the law is meant to protect you from public embarrassment.

Phone Calls: Debt collectors can call you, unless you’ve sent them a cease and desist letter. However, they can’t call you early in the morning, late at night, or at work (unless you’ve told them that those are good times to call). They also can’t call so often that you feel harassed by their calls. The law isn’t clear on exactly how many times they can call, but generally more than a couple of times a week is thought to constitute harassment. They also can’t call and hang up repeatedly.

Threats: Even though it’s illegal, debt collectors regularly make threats. They may say that they’ll take away your car or your home. Unless you’ve used these for collateral, this is an empty and illegal threat. Sometimes, they’ll say that you’ll be arrested or go to prison. Again, this is illegal. You’ll never get arrested for being behind on your bills. In extreme cases, a debt collector will threaten a consumer with violence, which is absolutely against the law.

There are many other practices that are forbidden under the Fair Debt Collection Practices Act. Familiarize yourself with the FDCPA, and let the collection agency know that you’re aware of your rights and that you’ll stand up for yourself. Chances are, the bill collector will back down.

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