(UPDATE: Please note that changes were made to the Business Practices & Consumer Protection Act and debt collection and repayment regulation, effective April 1, 2016. The amendments include clarification for debt collectors related to the limited circumstances when they are allowed to contact a consumer’s employer. Please visit our Consumer Help section for up-to-date consumer information and links to the law.)
If you owe money to a creditor, they do have the right to contact you in an effort to collect the outstanding amount. However, there are collection rules that must be followed as set out by the Business Practices and Consumer Protection Act as well as the Debt Collection Industry Regulation. Here is some information about when collectors can contact you.
When can a collector call me?
Collectors can only contact you Monday through Saturday from 7 a.m. to 9 p.m. at your local time. On Sundays, they can call from 1 p.m. to 5 p.m. Collectors are not allowed to contact a debtor on statutory holidays.
Can a collector call my friends and family?
Many consumers don’t know this but collectors are allowed to call your friends, family, members of a household or even a neighbour but only for the purposes of asking for your home address and/or phone number. Collectors are not to discuss details of the debt with 3rd parties unless you give authorization.
What about my place of employment?
Collectors can contact your place of employment for the purposes of confirming your employment, business title, and business address. Collectors are not permitted to discuss the details of your debt with anyone from your place of employment unless you give authorization.
If you are being contacted by a collections agency and feel that your rights have been violated, please visit the debt collection consumer help page on our website. We also have self help tools you can use to correspond with a debt collector on a variety of issues.
If you have a question about your rights as a debtor, please ask in comments below or contact us.
ADDITIONAL READING:
Getting calls from a debt collector?
Asking a debt collector to only communicate with you in writing: what you need to know
3 eye-opening facts about debt collection
What is the time limit collection agencies have to try to collect a debt? I know some bills have gone on to several agencies but when does it stop? When does the creditor stop trying to collect a debt that can’t be collected? Is there a statute of limitations?
Hi Wendy,
Great question. There is an act called the Limitations Act which generally applies to this type of situation. We do not oversee this piece of legislation, however it appears to state that collectors are barred from commencing legal action to collect upon a debt more than 6 years after the debt became due. Be aware that under the legislation, certain events may “pause” the 6 year time frame. Additionally, the starting period may be “reset” in certain scenarios. If you have specific questions you may want to consult a lawyer.
Best regards,
Michelle
You state, “Collectors can contact your place of employment for the purposes of confirming your employment, business title, and business address.” However, the Business Practices and Consumer Protection Act actually states. “117 (2) A collector must not communicate with a debtor’s employer except
(a) for the purpose of confirming the debtor’s employment, business title and business address, but only if the collector has given notice to the debtor under section 121 (1) (b), (1.1) or (2), or (b) for other purposes authorized in writing by the debtor.” So as an employer, I should not provide any information, including debtor’s employment, business title and business address, to a collector unless I have proof that the collector has given notice to the debtor under section 121 (1) (b), (1.1) or (2).
Hi Kristee, thank you for your question.
You are not obligated to provide any information to the debt collector if you don’t want to. That said, often times the collectors can have a challenging time proving that they have given notice of the debt to the debtor, as sometimes the debtor will not answer calls or acknowledge letters etc.
I might suggest you encourage your employee to confirm their information with the collector. Alternatively, they can also request that the debtor only contacts them in writing using this form on our website. This does not constitute an acknowledgement of the debt.
Once this form is sent over (either in writing or VIA email) they are not allowed to call anymore. It should be sent in a way that provides proof of delivery, such as registered mail, fax, or email. Your employee should keep copies for his/her records. Give the collection agency three to five to process the request.
If the calls continue after a few business days, your employee can keep track of the incoming calls. This can be done by getting copies of the phone records, taking pictures of the call display or other methods. Your employee can then call us for information on next steps.
I hope this information is helpful and best of luck!
I got a warning letter from my employer due to
Creditors calling him. Is he allowed to fire me for this?
Hi Patricia, thanks for the question. Under BC law, debt collectors are not allowed to discuss the details of your debt with someone else. They can, however, contact others to confirm your contact information. If a debt collector is discussing your debt with your employer, I suggest you submit a complaint form through our website. For your question about potential wrongful firing, I would suggest seeking legal advice on the situation, as this is not under our authority. You can get free legal advice from Access pro bono to help you. I hope this helps.