Consumers with unpaid debts may have to encounter a call from a collection agency demanding the debt be repaid as soon as possible. The first step a collection agency must take is to send you a written notice through the mail (email doesn’t count). This notice must include:
- the name of the creditor (the person or business that says you owe them money);
- the amount the creditor says you owe; and
- the name of the collection agency and its authority to demand payment on behalf of the creditor.
After sending the notice, the agency must wait six days before it can contact you in person or by phone.
Can they call you every day?
According to the Office of Consumer Affairs, collection agencies have to observe a number of restrictions about how often their agents can contact you and how they communicate with you. For example, after their first conversation with you, the agents cannot contact you more than three times in a seven-day period without your consent, except by regular mail. “Contact” means the agents must actually speak with you, email you or leave you a voice mail. If you don’t answer the phone and the agents don’t leave a message, it doesn’t count as a contact.
In addition, the agency cannot:
- contact you on Sunday, except between the hours of 1 p.m. and 5 p.m.
- contact you on any other day of the week between the hours of 9 p.m. and 7 a.m.
- contact you on a statutory holiday
- use threatening, profane, intimidating or coercive language, or
- use undue, excessive or unreasonable pressure
- contact your spouse, a member of your family or household, or a relative, neighbour or acquaintance except to obtain your address and telephone number unless the person has guaranteed the debt; or has your permission to be contacted.
In addition, a collection agency cannot:
- give false or misleading information to any person
- recommend to a creditor that a legal action be commenced against you without first sending you notice.
If you believe a collection agency has violated any of these practices in dealing with you:
- send the agency a letter outlining why you believe they have acted inappropriately and notifying them that you expect them to comply with the law
- if their behaviour persists, file a complaint with the ministry.
What if the Collection Agency is contacting out of error?
The agency cannot continue to contact you if:
- you send a registered letter to the agency saying that you dispute the debt and suggest the matter be taken to court
- you (or your lawyer) send a registered letter to the agency providing your lawyer’s contact information and notifying the agency to communicate only with your lawyer
- you have told them that you are not the person they are looking for, unless they take reasonable precautions to ensure you are that person.
If you are currently being contacting by a collection agency and not sure about what consumer rights you have, give OCCA Consumer Debt Relief a call. We will go over your finances through a free financial assessment and help you prioritize your budget expenses and tailor a debt repayment program for you that YOU can afford. Call us toll free 1-855-873-6222 or visit us online www.occa.ca.
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