Communication

• A debt collector must have permission from the consumer or a court of competent jurisdiction to communicate with that consumer for purposes of collecting a debt if the communication takes place at any unusual time or place, or a place known to be an inconvenience to the consumer, such as the work place. Without permission, a debt collection cannot call a consumer before 8 in the morning or after 9 in the evening, according to U.S. Code section 1692(c).
  
  If the debt collector knows that the consumer cannot get personal calls at work, it cannot contact the consumer at work. The debt collector may not contact third parties regarding the debt collection, unless the consumer gives it permission. If the consumer notifies the debt collector in writing that she refuses to pay the debt or that she wishes the debt collector to cease contact, the debt collector must cease communication, except to notify the consumer that the collector's efforts are being terminated or to notify the consumer that the collector or creditor may invoke specific remedies.
  
  

False Or Misleading Representations

• U.S. Code Section 1692(e) dictates how a creditor may communicate with the consumer. Specifically, the collector may not use "false, deceptive, or misleading representation or means in connection with the collection of any debt." Several things fall under this category, including the use of any badge, uniform or copy of a badge or uniform to collect a debt. The collector must also refrain from telling the consumer false information about the debt, such as the character, amount or legal status of the debt. The collection agency cannot "promise" or threaten that nonpayment of the debt results in arrest or imprisonment, garnishment or sale of any property or wages, unless the debt collector or creditor intends to do so.
  
  

Disclosure Of Collections

• A debt collector must disclose --- in writing --- in its initial communication that the debt collector is attempting to collect a debt, and that any information will be used for that purpose. The only exception is in connection with a formal pleading in a legal action. Thus, a debt collector or creditor may file lawsuit against you without notifying you, according to U.S. Code Section 1692(e)(11).
  
  

Considerations

• In addition to the rules for collection agencies as mentioned, the amount, including interest, fees, other charges or expenses must be outlined in the contract, according to U.S. Code Section 1692(f). If a check is postdated by more than five days, the agency cannot accept it, and if it is postdated, the agency cannot deposit the check until the date on the check. The collection agency may not ask you to submit postdated checks, and may not threaten to deposit a postdated check, should you send it a postdated check. If the agency files a lawsuit, the amount it is trying to collect must be as provided for in the contract.