DO YOU GET COLLECTION PHONE CALLS?

SUCH CALLS OFTEN VIOLATE NH CONSUMER PROTECTION LAWS

An increasing number of national collection agencies and credit card companies are pursuing aggressive credit collection practices in New Hampshire which violate New Hampshire law. A number of New Hampshire citizens have successfully filed claims against credit card companies for such violations. These violations include calling people at work, threatening more aggressive collection practices, calling and failing to identify themselves, calling repeatedly, or calling at off-hours. Such violations can result in a penalty of $200.00 or more per violation, plus attorneys’ fees. We have found that many of the credit card companies are unnecessarily rude and aggressive with the consumer. Luckily, New Hampshire has laws designed to protect consumers and, many times, the caller is not aware of our state laws. For example, New Hampshire law provides that a creditor cannot do the following to consumers:

1. Call at work.
2. Call the consumer repeatedly at unusual hours or hours known to be inconvenient to the consumer;
3. Cause expense to the consumer in the form of long distance telephone charges; or
4. Threaten to assign the consumer’s account to another with the implication that the consumer will lose defenses to the debt.

Some tips for the average consumer to remember include:

1. Keep all correspondence. In several of the cases we have handled, letters that were received from the collection agency or credit card company ended up being the critical piece of evidence that made our case. You must keep copies of everything that is sent to you. Receipts, acknowledgments, and other documentation can also be crucial.

2. Similarly, keep notes of all phone calls. Just jot down the date, the person you spoke with, and the time that they called you. Take special care to note where you are being called if the person is contacting you at work. You may find your calendar or other daybook as a convenient place to keep your notes. Such information can be critical. A recording, like a call on an answering machine, is even better evidence.

3. Remember to always get the person’s name. If you have a dispute, outline your complaint and an explanation or answer in writing and send it to the company, saving a copy for yourself. Always try to communicate with an individual who is responsible for the matter. Letters to “Whom it May Concern” end up being at the bottom of someone’s in-box. If you get the name and address of an individual who has some responsibility within the company andaddress it to them personally, you are much more likely to get a response.

4. Know your rights. If they are calling you at work or in some other way violating New Hampshire collection law, clearly inform them of that. Do not engage in an argument with them, but inform them that you know your rights and they are violating the law.

5. Should they not respond within a reasonable amount of time, and after you have given them certain deadlines, consult counsel. Sometimes, if you cannot resolve the matter, you may need to consult a lawyer. New Hampshire’s collection statutes are also part of the consumer protection law, which is enforced by the New Hampshire Attorney General. You can file a complaint by contacting the Consumer Protection and Antitrust Bureau. You also have the right to have your lawyer pursue the creditor or debt collector in a civil action. Often, lawyers will take these cases for little or no cost to you, and it is a good idea to clear up your credit and get these people off your back.

6. Confirm things in writing. If you negotiate a resolution or the company promises to send you something or you promise to send them something, drop them a quick note that says, “to follow up our discussion today. . .” Save a photocopy for your records; you may need it.

The most important message that we often give to our clients is that you shouldn’t feel helpless. If someone is treating you in a manner that violates your fundamental sense of fairness, you may have the law on your side.

* Attorney Peter G. McGrath is a former Federal prosecutor and a New Hampshire native. He is the founder of McGrath Law Firm, which provides litigation, business, legislative, environmental and regulatory services to small companies and individuals.