Alert

The Attorney General’s Consumer Alert of the Month:

Know Debt, No Sweat
By Bob McDonnell

The Rowan family, who lives in Northern Virginia, has received threatening letters and phone calls every month for two years from debt collectors claiming they owe $1,000. It doesn’t matter to the debt collectors that they are bothering the wrong people.

This is one of the top sources of complaints to our office right now -- unscrupulous debt collectors.

Fortunately, consumers have significant protections in the federal Fair Debt Collection Practices Act. Under that Act, debt-collecting entities must treat you fairly.

For example, they are forbidden from:

Contacting you at inconvenient times or places, such as before 8 a.m. or after 9 p.m.

Contacting you at work if they know your employer disapproves of such contacts.

Harassing, oppressing or abusing you or third parties.

Using threats of violence or harm.

Using obscene or profane language.

Repeatedly using the phone to annoy.

Using any false or misleading statements.

Claiming that you will be arrested if you do not pay.

Using a false name.

Contacting you by postcard.

Meanwhile, you the consumer have the right to sue a collector within one year from the date the law was violated.

“The biggest worry is that even if you know it’s fraudulent, it still could cause your credit to be harmed and endanger your family’s finances,” Katherine Rowan said.

“We are being hounded,” said another citizen in Alexandria, who also contacted our office.

Don’t give out any information to someone claiming you owe a debt that you don’t owe. If you have any doubts, ask for written verification of the amount, the name of the creditor, and what action to take if you dispute the alleged debt. The debt collector must send this written notice within five days.

If you feel you have been victimized or harassed by a debt collection company in Virginia, I encourage you to file a complaint with the Virginia Office of Consumer Affairs (call 804-786-2042, or 800-552-9963, or visit www.vdacs.virginia.gov) and the Federal Trade Commission.

For more information about the Fair Debt Collection Practices Act, visit www.ftc.gov or call 1-877-FTC-HELP.

Consumer protection is an important statutory duty of the Office of the Attorney General, and our staff can help. In an age of increased consumer issues, we all must continue to be educated and vigilant.

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