Under the FDCPA, a collector cannot make such statements as, “if you can’t pay the hospital bill, you should not have had children,” or “if you think what we have been writing is unpleasant, don’t challenge us to see what happens if you keep avoiding us!” Use of insulting, discriminatory or belittling language such as “liar,” “deadbeat,” or “crook” is also not permitted under the Act, including statements that the consumer is financially irresponsible. In addition, the collector may not use obscene or profane language.

 

Limitations on Where and When to Call

 

The FDCPA limits where and when a collector can contact you. The debt collector may not communicate with you, including personal visits or telephone calls, at an unusual or inconvenient time. Collection calls to a debtor between 9:00 p.m. and 8:00 a.m. or on Sundays are considered to be unusual and inconvenient. Likewise, the debt collector can’t contact you at an unusual place, such as a neighbor’s home or hospital.

 

Collection calls to your place of employment are prohibited if the collector has reason to know that your employer does not allow personal telephone calls. You have the right to tell him not to contact you during the time you are at work because that is an inconvenient time for you to be called.

 

Finally, a collector cannot call you repeatedly or allow the telephone to ring over and over.

 

Communications Between the Debt Collector and Third Parties

 

The debt collector should not call your friends, co-workers, employer or relatives to let them know you owe a debt, without your permission. You have the right to keep this information confidential. This means that the collector may not tell the person who answers the telephone the collection agency’s name, unless specifically asked, or state that you owe a debt. However, a collector can contact a third party for help in locating you. In addition, the collector may contact your attorney, your spouse and any co-debtor to discuss your debt.

 

If the collector sends you mail, the envelope may not show any words, including logo or letterhead, that would let a third party know that the letter is from a collector regarding a debt that you owe. For the same purpose, a collector may not send you a postcard.