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End Collection Calls Today

September 6, 2017

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In British Columbia (BC), Consumer Protection BC is the agency responsible for the regulation of collection agencies. The Business Practices and Consumer Protection Act (BPCPA) allows you to notify a collection agency to let them know that you wish to communicate with them in writing only. Section 1164(4)(a) of the Act states:

A collector must not continue to communicate with a debtor

  1. except in writing, if the debtor
    1. has notified the collector to communicate in writing only, and
    2. has provided a mailing address at which the debtor may be contacted.

In a recent case, the Supreme Court of BC was asked to consider automated collection calls as being considered communication for the purposes of Section 116(4)(a), which would therefore be prohibited if the collection agency had been notified that they must communicate in writing only.

These days, most collection calls are made by automated dialing machines, which either transfers the call to a collector when you answer, leaves an automated message requesting you call back or requests you to take some other action to deal with your account. While these calls may seem daunting and never-ending, there is a light at the end of the tunnel. Following the outcome of the case noted above, the Supreme Court of BC found that these automated calls were to be considered a form of communication, and have since prohibited them.

What this means for you

The possibility of being free from collection calls is now a reality. Once you have notified a collection agency that you wish to communicate in writing only, they must stop all calls, including any automated messages. It is just that simple.

In order to notify a collection agency of your desire to communicate in writing only, you must send a form for each account the collection agency is trying to collect from. This form can be found on the Consumer Protection BC website, or you can download it here: Request For Communication in Writing Only From a Debt Collector

Keep in mind, this only stops the calls, it does not stop any other enforcement rights the collection agency may have to collect the debt and it will not stop a collection agency from commencing legal action should it get to that point.

At Smythe Insolvency, we give free advice to people struggling with debt. We understand the overwhelming stress financial difficulties can cause and the impact it has on families and relationships. If you, or someone you know, is experiencing financial difficulties, call us today to arrange a free consultation.

Together we can find a solution.

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