Many Americans buy merchandise with a credit card, thinking they will make the payments in a timely manner.

But if payments become delinquent, it is likely a bill collector will call. The Fair Debt Collection Practices Act allows creditors to take aggressive steps to collect whatever they can, including freezing the debtor’s bank accounts.

However, the law also places limitations on bill collectors to ensure that the debtor receives fair treatment. While bill collectors are permitted to contact debtors in a number of ways – by phone, mail, e-mail, telegram, or in person – they must limit these contacts to reasonable times and places.

For example, bill collectors may not call before 8 a.m. or after 9 p.m. unless by permission. They may not call at work if they have been made aware that the employer disapproves. Bill collectors may not curse or threaten a debtor – even if the debtor is abusive to them. They cannot lie about the likelihood of legal action, such as saying a debtor will be arrested, or adding unwarranted charges to the amount owed.

In these tough, economic times, complaints against aggressive bill collectors are accelerating. There are steps that can be taken if a debtor is being harassed by a collector to get them to stop:

• Contact the collection agency in writing, providing details on why you feel that you’ve been unduly pursued and harassed.
• Lodge a complaint with the Federal Trade Commission (FTC) or the Better Business Bureau. Some 71,000 people lodged complaints with the FTC last year, about double the number who did so in 2003, and some 14,000 people complained to their local Better Business Bureau. Many debtors who lodged the complaints said they were being charged unfairly or in fact, didn’t even have the debt. In Illinois, you can also file a complaint with the Attorney General’s office.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.