Thanks to Warren DePaolo for the link to B.C. BUSINESS PRACTICES AND CONSUMER PROTECTION ACT on this post:Send them a signed letter not to call anymore
These are some pretty strong do's and don't for B.C. collection agencies. Keep in mind that any collection agency who resides outside of B.C., but is collecting in B.C. Canada must abide by these rulings.
If you've got proof that a B.C. collection agency is falling outside of these regulations contact consumer protection right away in writing and by phone.
It's a relief to know that collection agents just can't call your employer out of the blue. There has to be a substantiated reason that they've called. They first must prove that they've tried to contact you at home.
See also:
These are some pretty strong do's and don't for B.C. collection agencies. Keep in mind that any collection agency who resides outside of B.C., but is collecting in B.C. Canada must abide by these rulings.
If you've got proof that a B.C. collection agency is falling outside of these regulations contact consumer protection right away in writing and by phone.
It's a relief to know that collection agents just can't call your employer out of the blue. There has to be a substantiated reason that they've called. They first must prove that they've tried to contact you at home.
See also:
- Dealing with Debt Collectors and Collection Agencies - British Columbia Consumer Protection
- Alberta - Collection Agents Act
- Saskatchewan - Collection Agents Act
- New Brunswick - Collection Agencies Act
- Manitoba - The Consumer Protection Act
- Ontario - Collection Agencies Act
- Quebec - An Act respecting the protection of personal information in the private sector
- Newfoundland - Collection Agents Act
- Prince Edward Island - Collection Agencies Act
- Nova Scotia - Collection Agents Act
- DEBT COLLECTION AGENCY AGREES TO PAY $140,000 CIVIL PENALTY - U.S.
Disclosure to debtor
115 (1) A collector must not attempt to collect payment of a debt from a debtor until the collector has notified the debtor in writing or the collector has made a reasonable attempt to notify the debtor in writing of
(a) the name of the creditor with whom the debt was incurred,
(b) the amount of the debt, and
(c) the identity and authority of the collector to collect the debt from the debtor.
(2) A collector must not initiate verbal communication with a debtor with respect to the collection of a debt until 5 days after the collector has sent to the debtor the written notice referred to in subsection (1).
(3) If a debtor informs the collector that the debtor has not received the notice required under subsection (1), the collector must send that information to the debtor at the address provided by the debtor.
Communication with debtor
116 (1) A collector must not communicate or attempt to communicate with a debtor at the debtor's place of employment unless
(a) the collector does NOT have the home address or telephone number for the debtor and the collector contacts the debtor solely for the purpose of requesting the debtor's home address or telephone number or both,
(b) the collector has attempted to contact the debtor at the debtor's home address or telephone number, but the collector has not contacted the debtor in any of those attempts, or
(c) the collector has been authorized by the debtor to communicate with the debtor at the debtor's place of employment.
(2) The collector must not make more than one verbal attempt, under subsection (1) (b), to contact the debtor at the debtor's place of employment.
(3) At the time a collector communicates with a debtor, the collector must first indicate to the debtor
(a) the name of the creditor with whom the debt was incurred,
(b) the amount of the debt, and
(c) the identity and authority of the collector to collect the debt from the debtor.
(4) A collector must not continue to communicate with a debtor
(a) except in writing, if the debtor
(i) has notified the collector to communicate in writing only, and
(ii) has provided a mailing address at which the debtor may be contacted,
(b) except through the debtor's lawyer, if the debtor
(i) has notified the collector to communicate only with the debtor's lawyer, and
(ii) has provided an address for the lawyer, or
(c) if the debtor has notified the collector and the creditor that the debt is in dispute and that the debtor would like the creditor to take the matter to court.
Communication with persons other than debtor
117 (1) Except for the purpose of obtaining the debtor's home address or telephone number, a collector must not communicate or attempt to communicate with a member of the debtor's family or household, or a relative, neighbour, friend or acquaintance of the debtor unless
(a) the person contacted has guaranteed to pay the debt and is being contacted in respect of that guarantee, or
(b) the debtor has authorized the collector to discuss the debt with the person contacted.
(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, or
(b) for other purposes authorized in writing by the debtor.
