by bwettlaufer » Wed Mar 09, 2011 08:50:35 PM
Maybe.
If they are acting on a judgment, then they certainly have the right. If they are attempting to verify your employment, they may *just* be inside the rules by verifying your employment (if they know how much you make, and they want to confirm your hours/income, that's a bit of a jump, but it could fall under verifying employment).
It is certainly not appropriate for them to speak to your employer before sending you the initial collection letter, and awaiting a six-day response from you.
If it helps, The Collection Agencies Act says:
(3) No collection agency or collector shall contact or attempt to contact the debtor's spouse, a member of the debtor's family or household, or a relative, neighbour, friend or acquaintance of the debtor unless:
...
(4) No collection agency or collector shall contact or attempt to contact the debtor's employer unless,
(a) the employer has guaranteed to pay the debt and the contact is in respect of that guarantee;
(b) the debtor has given the collection agency or collector written authorization to contact the debtor's employer;
(c) the contact occurs only once and is for the sole purpose of confirming one or more of the debtor's employment, the debtor's business title and the debtor's business address; or
(d) the contact is in respect of payments pursuant to,
(i) a wage assignment given to a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 1994, or to a caisse populaire within the meaning of that Act, or
(ii) an order or judgment made by a court in favour of the collection agency or collector or of a creditor who is a client of the collection agency or collector. O. Reg. 103/06, s. 2.