Debt collectors refer to these legal guidelines as a “mini Miranda.” If a debt collector does not give this information to you, he or she is violating the Fair Debt Collection Practices Act. If questioned, the debt collector is obligated to tell you her name, the name, address and fax number of her agency, and what creditor she is calling on behalf of.

If it is necessary she will go over the terms of sale with you, or credit contracts. Keep in mind that your conversation will most likely be recorded, and a good bill collector is a sneaky one. They will most likely use their listening skills to try to determine the cause of the delinquency.

Despite what you may have heard from anecdotal stories, or the sensational stories you have heard on the news, most debt collectors are empathetic people, working to make a buck like you. Even if your debt collector is calling aggressively, it is never a good idea to ignore their calls. A debt collector will have the authority to offer a repayment plan, or some other type of help to make it easier for you to pay off of your debt.

At times, they are capable of finding solutions to your financial problems. After all, they work with people like you every day. They can even offer you some helpful advice or they might be able to refer you to some helpful debt counselors. Unfortunately, it has been said that all stereotypes have some truth in them, and there will be an occasional debt collector who may use strong arm or even illegal tactics to collect a debt. If something doesn’t sit right with you, consult the FDCPA, and call your local attorney general’s office to report the incident.

Mallory Megan works for Rapid Recovery Solution and writes articles on national collection agencies.

In Buffalo, debt collectors have been caught calling up debtors and saying that they are law enforcement. They have threatened to send debtors to prison, or even take child custody away from them. And it doesn’t stop there.

A civil case recently imposed a $675,000 penalty, the most ever fined for a debt collection company, for deceptive and illegal practices. This includes lying to consumers and badgering them, disclosing their debt to third parties, and cashing in on post dated checks early. These tactics were accompanied by deceptive claims from agents saying they were lawyers or other figures of authority.

Refusing to let consumers know the address or phone number of the “business” these bill collectors even went as far as to contact individuals who did not owe any money at all and attempted to collect from them. Despite claims that it was individual workers acting fraudulently, the Federal Trade Commission went after the business owners and won a case that imposed the biggest penalty ever for debt collection agencies.

To avoid the issue of being a victim to fraudulent collection companies, it is important that you know your rights. A collection agency may never seize a debtor’s assets, bank accounts, or paychecks. They are not permitted to get a debtor fired from their occupation, and cannot make any kind of public disclosures concerning the debt, and they can definitely never threaten or engage in violent acts.

For more information, refer to the Fair Debt Collection Practices Act, which outlines the rules and regulations of debt collection.

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