Gregory J. Gallo
When Debt Collectors Go Too Far
With money so tight people will do just about anything just to get it. This also true of debt collectors. Debt collectors are regulated by state and federal laws. Some straddle the bounds of the law and some simply ignore it. You should be aware of prohibited practices in the event that you are on the receiving end of debt collections notices. All debt collection notices must either contain or be followed by a subsequent mailing of a validation notice. The validation notice will specify the amount of the debt, the creditor, a statement that you may dispute the debt within 30 days of the notice, and that should you dispute the debt that the debt collector will verify the debt and provide you with the name of the original creditor if different from the current creditor. The collection letter must not contradict the validation notice. For example, instructing a debtor to “call today” violates the spirit of the validation notice which gives the debtor 30 days to dispute the debt. A debt collector does not have to cease all collection activities unless the debtor seeks and validation of the debt or verification of the name and address of the creditor. A debt collector should not be soliciting you to furnish it with postdated checks, or threatening you with criminal liability. When communicating with third parties, the debt collector should not divulge that they are attempting to collect a debt you owe. Nor should they call you early in the morning or late at night. Finally, they should continue to call you if you request that they stop.
What To Do
If you feel that your rights have been violated by a debt collector, you should contact an attorney. Generally, many of the claims against debt collectors expire one year after the alleged violation. Also, the state and federal laws are somewhat numerous. There are approximately twenty two state regulations setting forth violations of creditors alone. So, going at it alone can be quite a task.
Gregory J. Gallo, is an attorney with Pellegrino Law Firm in New Haven.
