Unfair Debt Collection Practices FAQ
What rights do I have when a debt collector or creditor is trying to collect money from me?
Your rights are protected under the Fair Debt Collection Practices Act. Review these frequently asked questions for an overview of what a debt collection agency or creditor legally can, or can not do, in their efforts to collect money from you.
Can I stop a debt collector from contacting me?
You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again, except to tell you there will be no further contact, or to notify you that the debt collector, or the creditor intends to take some specific action. Sending a letter to a debt collector that you actually owe money to will not get rid of this debt, however. You could still be sued by the creditor or collection agency.
May a debt collector contact anyone else about my debt?
The debt collector must contact your attorney, if you have one, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Also, collectors are only allowed to contact a third party once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money. However, a debt collector may not disclose to anyone other than you or your spouse, anything about the alleged debt.
May a debt collector contact me at work?
Initially, yes, but if you tell them (orally or in writing) that you are not allowed to get calls at work, they may NOT call you back at work
What rights do I have when a debt collector or creditor is trying to collect money from me?
Your rights are protected under the Fair Debt Collection Practices Act. Review these frequently asked questions for an overview of what a debt collection agency or creditor legally can, or can not do, in their efforts to collect money from you.
Can I stop a debt collector from contacting me?
You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again, except to tell you there will be no further contact, or to notify you that the debt collector, or the creditor intends to take some specific action. Sending a letter to a debt collector that you actually owe money to will not get rid of this debt, however. You could still be sued by the creditor or collection agency.
May a debt collector contact anyone else about my debt?
The debt collector must contact your attorney, if you have one, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Also, collectors are only allowed to contact a third party once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money. However, a debt collector may not disclose to anyone other than you or your spouse, anything about the alleged debt.
May a debt collector contact me at work?
Initially, yes, but if you tell them (orally or in writing) that you are not allowed to get calls at work, they may NOT call you back at work.
Identity Theft FAQ
How does a thief get the information he/she needs to steal my identity?
Information can be stolen from a consumer in a variety of ways including;
- Going through your mail or trash to take pre-approved credit card offers, discarded credit card receipts or other personal information;
- Stealing your purse or wallet;
- Calling you on the phone, posing as a solicitor in order to gain personal information including your name, date of birth, social security number;
- Looking over your shoulder at an ATM while you are accessing your account, to steal your account number and password or pin.
How will I know if I am a victim of identity theft or fraud?
- Your credit card statements show unauthorized charges and/or purchases that you know you did not make;
- You fail to receive bills or credit card statements for charges you have made, when in the past you received them at the same time each month;
- You are receiving phone calls from creditors trying to collect debts that are not yours.
What can I do if I am a victim?
- Contact our office for help;
- Order copies of your credit reports from all 3 credit reporting agencies to get as much information as possible;
- Contact the credit reporting agencies in writing and let them know that you are disputing specific inaccurate items in your credit report due to possible identity theft. Under the FCRA, they must investigate, and ;
- Contact the credit card companies who are reporting the false debt and have them investigate due to possible identity theft.
- Keep copies of all letters and document phone calls. Request a letter from the agencies that states these items are under investigation.
How can I protect myself from identity theft?
- Do not carry important documents such as your social security card, birth certificate or passport with you unless absolutely necessary;
- Only keep a few credit cards in your purse or wallet when shopping;
- Keep a list of your credit card account numbers, with expiration dates and telephone numbers. Do the same for all your bank accounts. In an emergency, you can notify these companies quickly to stop fraudulent charges or purchases.
- Always take credit card receipts for all purchases and store in a safe place, or dispose of by shredding, not by throwing away in a public trash container;
- Invest in a shredder and shred all items including discarded credit card and bank statements, old receipts and utility bills, and new credit card offers you receive in the mail;
- Use a mix of letters and numbers, not personal information such as your birth date, last four digits of your social security, or mother’s maiden name when creating passwords and PIN’s for important accounts. Do not store these in your purse or wallet!
Contact The Law Offices of Charles Pernice for Legal Assistance
If you think you are the victim of identity theft, contact our office for more information on how to proceed. Specific actions must be taken by the CRA’s and your creditors under the Fair Credit Reporting Act. If these actions are not taken, legal assistance can make certain you are treated fairly and receive all that you are entitled to.