How can I get a collection agency to stop calling?
You need to do one of the following:
- Negotiate a payment plan directly with the agency
- Make a consumer proposal
- Filing personal bankruptcy
What are the rules collection agencies must follow?
The Collection Agencies Act outlines rules collection agencies must follow and is regulated by the Ontario Ministry of Consumer and Commercial Relations.
A collection agency:
- Must wait six days to contact you after sending you written notice of the name of the creditor, the balance owing and the name of the agency and its authority to demand payment.
- Cannot continue to contact you if notice was not received.
- May not suggest to you a matter be handled outside of court if you send a registered letter disputing the debt.
- Cannot use threatening, profane, intimidating or coercive language, or use undue, excessive or unreasonable pressure.
- Provide false or misleading information to any person.
- Must first send you notice before recommending to a creditor that legal action be taken against you.
- Can only contact your employer on one occasion to get your employment information.
- Cannot contact partners, relatives or friends to obtain your contact information unless that person has guaranteed the debt.
A collection agency cannot contact you:
- If they have been notified by registered mail to communicate only with your lawyer.
- On a holiday or Sunday, outside the hours of 1 p.m. and 5 p.m.
- More than three times in seven days other than by mail without consent, after initial verbal contact.
- If they have been notified that you are not the debtor they are looking for.
If a collection agency has engaged in any of these prohibited acts, you may file a complaint with the Consumer Protection Branch.
