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howcanthisbelegal
Jan 24, 2008, 11:20 AM
Can a Collection Agency call me at work?! I've spent HOURS searching online for the answer to this 'simple' question and I can't find a definite Yes or No. I know they can contact my employer once to verify my employment; I have the Collection Agencies Act in front of me, but it might as well be written in upside down Aramaic because it's very unclear and does not seem to have any answers. I have a student loan that is 11 years old and until now the calls from Collection Agencies have been few. But, over the past six months I've gotten phone calls from one agent at least three times a week, and now he's begun calling me at work. Because I work in a small call centre-like office, a coworker usually gets his call and transfers it to me, forcing actual customers to wait on hold while I'm telling this jackass he is wasting my company's time and money and to NOT call me at work again. One afternoon I got TWO calls from him, and a third from someone I assume was another agent, because when a coworker asked her to identify herself she refused to leave a name or message and only asked when I'd be available. So I've been searching online, and I've found very clear information for OTHER provinces -- just not Ontario. So, if someone out there knows the answer and can tell me where to find it in print, please let me know!

And, on a side note, with so many stories out there about collection agencies using threats and other scare tactics, it blows my mind that this type of business is actually allowed to exist... And, I also don't like to think about how many times my personal information, SIN included, has been passed on from jackass to jackass... Why is this legal?!

Scottish2008
Jan 24, 2008, 11:29 AM
The Ministry proposes that no collection agency or collector should exceed three unsolicited contacts to a debtor in any seven-day period.

The following types of contacts would be included within this restriction:

Contacts by telephone, facsimile, e-mail, text message and personal contact, or any other form of contact not specifically excluded;
A call by an automatic dialing device if that call connects to a live person or answering machine whether a collector comes on the line;
Messages left for the debtor or with a person referenced in Section 1 of the Harmonized Practices would be a contact for this purpose: member of debtor's family or household, any relative, neighbour, friend or acquaintance or the debtor's employer.
The following types of contacts would not be included within this restriction:

Contacts to third parties to locate a debtor;
Mistaken contact of a third party (e.g. through an accident, the collector could realize they had left the message with the wrong number and not have this contact count against allowed number);
Incomplete contacts (e.g. the phone rang and no one answered - note causing a phone to ring excessively is however itself potentially a form of harassment and not permitted);
Contact by conventional letter-post (on the basis that conventional post is not a disruptive form of contact and is also more self-limiting due to cost);
Contacts that the debtor consented to or solicited in advance (e.g. "I'm busy now, call back in half an hour." - the call in half an hour does not count).

This is from:

Adopting the Harmonized List of Prohibited Collection Practices - Government of Ontario (Canada) (http://www.gov.on.ca/MGS/en/AbtMin/STEL02_047150.html)

The does and don'ts.