Debt collectors can contact you in more ways than ever—phone, email, text message, and even on social media. With so many clever scammers out there, it can be hard to know whether a debt collector is legitimate.
Even if the debt collector turns out to be real, you can't always be sure the debt is valid. Collection agencies have gotten in trouble with the FTC for using questionable tactics to collect money from consumers. Here are some tips to spot the red flags that can help you verify debt collection accounts and avoid paying a scammer, from myFICO.
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Ask for Debt Validation
Write to the debt collector asking for proof of the debt. The debt collector must reply back with certain basic information, like the amount you owe and the name of the original creditor. Until the collector sends proof that the debt is valid, they're not allowed to make collection attempts, which includes reporting the debt to a collection agency.
Once you receive validation from the debt collector, carefully review the documents they've sent. They're required to itemize what you owe including the original past due balance, plus any interest, fees, payments, and credits. Check if the amount owed matches what you believe you owe by accessing old billing statements, and check if the debt is actually yours.
Verify the Debt is Legally Collectible
Ask for the last date of activity on the account and be sure the debt isn't beyond the statute of limitations for your date. Whenever you communicate with the debt collector, whether by phone or another method, be careful not to say anything that could reset the statute of limitations or validate the debt, which includes making a payment or promise to pay, entering a payment arrangement, or acknowledging ownership of the debt.
Debt collectors may not proactively offer this information, but if you ask for it, they're required to tell you the truth. Note that an expired statute of limitations doesn't forbid a debt collector from calling you about a debt. It may, however, possibly offer a defense against any legal action a collector tries to take against you.
Depending on the amount and age of the debt, you may consider consulting with a consumer protection attorney to get more information about your rights and options.
Check the Collector's Licensing
If you're trying to figure out whether a company is real, researching the collection agency online is a good place to start. A legitimate collection agency will have a website at an address that matches the company name. Check for a profile with the Better Business Bureau, but note that most collection agencies do not have stellar BBB ratings.
Most states require debt collectors to be licensed and insured in order to operate. Check the Nationwide Multistate Licensing System to verify the debt collector's license. You can also check with your state's Secretary of State and Department of Insurance to verify whether a debt collector meets the requirements to do business in your state.
What to Do If You're a Scam Victim
If you believe you were targeted by a scammer, you can file a complaint with both the Federal Trade Commission and your State Attorney General. With enough complaints and damages, the FTC may file a lawsuit against the scammers and try to recover any money that was part of the scam.
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