The Fair Debt Collection Practices Act (US Code Title 15 > Chapter 41 > Subchapter V > §1692) is enforced by the Federal Trade Commission.
Purpose
The purpose of the Fair Debt Collection Practices Act is to eliminate abusive debt collection practices by debt collectors, to insure that debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.
The following is a brief list of Best Practices concerning collection of debt.
DO
- Do identify yourself and state the reason for your call (if you are speaking to consumer directly)
- Do call between the hours of 8:00 a.m. and 9:00 p.m. at the consumers location
- Do notify consumer of the consequences of non-payment (no longer conduct business with said consumer, State Hold, etc)
- Do notify consumer when you turn them over to a collection agency
- Purchasing has a pool of 10 agencies
- Department is responsible for collection agency fees
DON'T
- Do not state that the consumer owes any debt if you are speaking to someone other than the consumer
- Do not communicate by post card
- Do not use any language or symbol on any envelope or in the contents of any communication that indicates you are collecting a debt
- Do not communicate with any person other than the consumer's attorney once you have been provided with that attorney's name and address
- Do not call at times you know to be inconvenient
- Do not call, fax or email consumer at work
- Do not use or threat to use violence or other criminal means to harm the consumer, their reputation, or their property
- Do not use obscene or profane language
- Do not cause a telephone to ring or engage in telephone conversations repeatedly or continuously with the intent to annoy, abuse, or harass
- Do not leave voice messages stating you are calling for collection of a debt
- Do not contact the consumer once they have filed for bankruptcy