Collection Agencies
A collection agency is an organization that obtains or arranges for payment of money owed to a third party; this could be a person or a company.
If I feel I'm being treated unfairly by a collection agency, what can I do?
The Collection Agencies Act prohibits collection agencies from doing certain things.
The Ontario Ministry of Government Services consulted the collection industry to develop a standard to be followed by all collectors. Having a standard also allows the public to have a better understanding of what collection agencies can and can't do. The regulations forbid collection agencies from:
- contacting you until six days have passed from sending you written notice of the following:
the name of the creditor, the balance owing, the name of the agency and its authority to demand payment
- continuing to contact you if you did not receive the notice unless a second copy of the written notice is sent to an address provided by you, and then contact may only be made six days after sending notice;
- contacting you if you send a registered letter to the agency saying that you dispute the debt and suggest the matter be taken to court;
- contacting you if you or your lawyer notify the agency by registered mail to communicate only with your lawyer, and you provide the lawyer's name, address and telephone number;
- contacting you on Sunday, except between the hours of 1 p.m. and 5 p.m., and on a holiday;
- contacting you other than by ordinary mail more than three times in a seven-day period without your consent, once the agency has actually spoken with you;
- using threatening, profane, intimidating or coercive language, or using undue, excessive or unreasonable pressure;
- continuing to contact you if you have told them that you are not the person they are looking for unless they take reasonable precautions to ensure you are that person;
- giving false or misleading information to any person;
- recommending to a creditor that a legal action be commenced against you without first sending you notice;
- contacting your employer except on one occasion to obtain your employment information, unless your employer has guaranteed the debt, the call is in respect of a court order or wage assignment or if you have provided written authorization to contact your employer;
- contacting your spouse, a member of your family or household, or a relative, neighbour or acquaintance except to obtain your address and telephone number unless the person contacted has guaranteed the debt or you have given permission for the person to be contacted.
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