A call from a debt collector can be stressful. It can also leave you with a lot of questions.
Can they ask for your middle name? Can they ask where you work? Are they allowed to call your employer? What about your family? And how many times can they call you in a week?
There are rules debt collectors must follow when trying to collect a debt in BC. Here’s what you should know about what they can and can’t do.
Can a debt collector ask for my personal information?
Yes.
A debt collector may ask you for information to confirm your identity or contact information. They may ask for things like your name, address, phone number or employment information. If you’re unsure who you’re dealing with, you can ask for the collector’s name and the collection agency’s name before providing personal information or making a payment.
Can they call my work?
It depends.
They may contact an employer to confirm your employment status, job title and business address when preparing for legal proceedings. They may also do so if you have given them permission. A collector cannot contact your employer simply to tell them about your debt.
Additionally, a debt collector can make one attempt to contact you at work to collect a debt if they already have your home contact information and have been unable to reach you there.
Can they contact my family or friends?
Sometimes.
A debt collector may contact a family member, friend or acquaintance in limited circumstances to try to find your contact information. However, they generally can’t discuss the details of your debt with someone else without your permission. So, a collector may be able to ask someone how they can reach you, but they can’t use that person to pressure you into paying or tell them how much you owe.
How many times can they call me?
BC doesn’t set a specific number of times a debt collector can contact you in a week. So, receiving several calls doesn’t automatically mean a collector is breaking the law. However, there are also rules about when they can contact you.
When can a debt collector contact me?
Debt collectors can contact you:
- Between 7 a.m. and 9 p.m. Monday through Saturday.
- Between 1 and 5 p.m. on Sunday
A debt collector can’t call you on statutory holidays. There are also restrictions on contacting you in a way that could cost you money.
What crosses the line?
Debt collection doesn’t give someone a free pass to threaten or intimidate you.
A collector cannot:
- Use threatening, profane or intimidating language.
- Put excessive pressure on you to pay.
- Threaten legal action unless they are actually taking legal action.
- Discuss your debt with another person without your permission.
- Publish or threaten to publish information about your debt, except to a credit reporting agency.
- Add their own interest or fees to what you owe, unless those charges are allowed under your original agreement.
What if I don’t want phone calls?
You can ask a collection agency to communicate with you in writing only, or through your lawyer. Make the request using our self help forms and keep a copy for your records. Give the collection agency three to five business days to process your request. If you’re still receiving calls after that, keep a record of them and contact our office for information about your next steps.
What if I don’t think I owe the debt?
If you believe you don’t owe the debt or you’ve already paid it, you can dispute it using our self help form. Send this form to both the collection agency and the original creditor. You can also ask the collection agency for written details about the debt.
Know your rights before you pick up the phone.
Being contacted by a debt collector doesn’t automatically mean you’re being harassed. Collectors are allowed to contact people about debts they owe. What matters is how they contact you, who they contact and whether they follow the rules. If you’re unsure whether something a debt collector is doing is allowed, visit our website to learn more about your rights.
About Consumer Protection BC
We are a not-for-profit regulator responsible for overseeing certain industries and specific consumer transactions in British Columbia. If your concern is captured under the laws we enforce, we will use the tools at our disposal to assist you. If we can’t help you directly, we will try to offer a referral to a relevant organization, if one exists. Other times, court or legal assistance may be the best option. Explore our website at consumerprotectionbc.ca.
Please note, information on our website is provided for educational purposes only and should not be considered legal advice. For details, read our website disclaimer.