Law requires debt collectors to treat consumers fairly

March 5, 2007

Dear Kansas Consumer,

Since taking office in January, the Consumer Protection Division of my office has received numerous questions about debt collectors. The Fair Debt Collection Practices Act requires debt collectors to abide by a set of laws and treat consumers fairly.

While these laws will not erase any legitimate debt you owe, they do protect consumers against unethical collectors. If you have outstanding debt from credit cards, personal loans or a home mortgage, you should familiarize yourself with some facts about the Fair Debt Collection Practices Act

Debt collectors may not contact you at inconvenient times or places.
Debt collectors may contact you in person, by mail, telephone, telegram or fax during the hours of 8 a.m. and 9 p.m. Unless you agree to separate terms, a debt collector may not contact you outside of these hours, or contact you at work if the collector knows your employer disapproves.

You may stop debt collectors from contacting you by writing them a letter.
Once a debt collector receives your letter, they may not contact you again except to notify you of some specific action or to say there will be no further contact. If you actually owe the debt, writing a letter does not make it go away and you may still be sued by the collector or your original creditor.

Debt collectors are prohibited from harassing consumers.
Harassment includes using threats of violence or harm, publishing a list of consumers who refuse to pay their debts (except to a credit bureau), using obscene or profane language or repeatedly using the telephone to annoy someone.

Debt collectors are prohibited from using false or misleading statements.
Debt collectors may not imply that they are attorneys or government representatives, falsely imply that you have committed a crime or will be arrested, misrepresent the amount of your debt, or misrepresent the legality of any papers being sent to you.

If a debt collector has violated the law, you have the right to sue them in state or federal court within one year. You should report any problems you have with a debt collector to my Office of Consumer Protection by calling 1-800-432-2310 or by filling out the complaint form at www.ksag.org. Complaints may also be filed with the Federal Trade Commission by calling 1-877-FTC-HELP (1-877-382-4357) or using the complaint form at www.ftc.gov.

To further protect yourself, always keep records of all correspondences and disputes with debt collectors. If a consumer disputes a debt in writing, send it certified mail in order to confirm that the letter was sent and received.

As your Attorney General, I am working to keep Kansans safe by providing information and promoting awareness of consumer fraud issues. If you have questions about the Fair Debt Collection Practices Act, or any other consumer issue, please contact my Consumer Protection Division at 785-296-3751 or 1-800-432-2310.