Following are basic rules for debt collection practices in Pennsylvania, answering many common questions about consumers' rights in debt collections.
Communications. A debt collector may communicate with you by mail, in person, by telephone or telegram. A debt collector cannot contact you at times or in places that they know are inconvenient to you, such as at work if your employer does not permit it or during daytime sleep hours if you work nights. A debt collector cannot contact you before 8 a.m. or after 9 p.m.
Stopping Communications. If you send a written request to a debt collector demanding that they stop contacting you, the debt collector must stop contact immediately, but they may send one last communication to you advising you that they intend to take a specific action against you including filing a lawsuit.
Attorney Representation. If you are represented by an attorney concerning a consumer debt (e.g., a consumer rights attorney such as our office, a bankruptcy attorney, or a family attorney), the debt collector cannot communicate directly with you except through your lawyer.
Contacting Others. A debt collector cannot contact any third party about your debt. This means that they cannot call your sister-in-law, your grandson or your neighbor about the debt. Debt collectors are not allowed to tell anyone but you and your attorney that you owe anyone else money.
Locating You. A debt collector has a right to contact other people once, and only once, in an effort to locate you. Debt collectors are not permitted to ask neighbors to bring you phone messages, ask you to come across the street for a phone call or tell other people that they are attempting to collect a debt from you.
Collection Fees Prohibited. A debt collector may not charge you an interest, fees or collection charges, except those amounts that were authorized by the agreement with the creditor to whom the debt is owed.
Harassment Prohibited. A debt collector may not use any language, communication or conduct to harass, oppress or abuse any person. They cannot:
- Use threats of violence or harm to the person, property, or reputation
- Advertise your debt or publish a list of consumers who refuse to pay their debts, except to credit bureaus
- Use obscene or profane language
- Repeatedly use the telephone to annoy someone or ring the telephone constantly
- Call people without identifying themselves
False Statements Prohibited. A debt collector may not use any false statements when trying to collect a debt. This includes:
- Falsely implying that they are an attorney or government representative
- Falsely implying that you have committed a crime by not paying a debt
- Falsely represent that they operate or work for a credit bureau
- Misrepresent the character, amount or legal status of the debt
- Indicate that papers being sent are legal papers when they are not
- Indicate that papers being sent are not legal papers when they are
Threats Prohibited. A debt collector may not use threats when trying to collect a debt. This includes threats like the following:
- You will be arrested if you do not pay your debt.
- They will seize, garnish, attach or sell your property or wages, unless the collection agency or the creditor intends to do so and they have the right to do so.
- They take any actions against you which are illegal.
- They violate any law in an effort to collect a debt.
Deception Prohibited. A debt collector may not use deception when trying to collect a debt. This includes deceptions like the following:
- Send you anything that looks like an official document from a court or government agency when it is not
- Give false credit information about you to anyone
- Use a fake or false name, unless that name is allowed by state law and properly registered with the state, if required
Unfairness Prohibited. A debt collector may not treat you unfairly in attempting to collect a debt. This includes unfairness like the following:
- Collect any amount greater than your debt, unless allowed by law
- Deposit a postdated check more than five days before the date on the check, without giving you notice of when they intend to deposit it
- Solicit a postdated check in order threaten criminal prosecution or threaten to cash the check early
- Make you accept collect calls or pay for telegrams
- Take or threaten to take your property unless this can be done legally, including wrongfully repossessing your vehicle
- Contact you by postcard
If you have been subjected to any of these illegal practices, please contact our office.
