How do I respond to a debt collector’s letter or calls in Rhode Island?
Under federal law, a debt collector must send a written notice with key details about the debt and the right to dispute it, and consumers generally have a 30-day period to request verification. If you dispute the debt in writing within that period, the collector must stop collection until it verifies the debt and mails you the verification. Rhode Island law also creates remedies if a collector or reporting agency fails to follow the state requirements and does not fix the problem after being notified.
Collectors must avoid unfair, harassing, or deceptive practices when communicating. Many people respond by asking for written verification, limiting or stopping communications in writing, and keeping records of all calls and letters. Courts may consider repeated, extreme, or outrageous collection conduct as actionable under state tort principles in rare cases.
Current Rhode Island law
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The deadline that matters
30 days to dispute the debt in writing under federal law
What Rhode Island law says
Federal law requires a debt collector to provide certain disclosures and the consumer a chance to dispute the debt in writing within thirty days, and to cease collection of the disputed portion until verification is provided, under 15 U.S.C. § 1692g. Federal law also restricts certain conduct such as unfair means, improper communication about location information, and allocation of payments among multiple debts under 15 U.S.C. § 1692f, 15 U.S.C. § 1692b, and 15 U.S.C. § 1692h. Rhode Island law provides a damages remedy against reporting agencies or collectors that fail to comply with the chapter and do not achieve compliance within thirty days of being notified by the consumer, including a statutory per diem penalty and potential referral to the attorney general, under R.I. Gen. Laws § 6-60-5. State cases recognize that a pattern of extreme or outrageous collection conduct can support a tort claim in some circumstances, for example as discussed in Champlin v. Washington Trust Co..
What to do
A common first step is to request written verification of the debt within the 30-day period described in 15 U.S.C. § 1692g.
A common option is to send a written request that the collector stop or limit communications and to keep copies of all letters and a log of calls.
A common next step is to ask the collector for the name and address of the original creditor if it differs from the current creditor, as allowed under 15 U.S.C. § 1692g.
A common measure is to notify the collector in writing about any continued noncompliance so state remedies under R.I. Gen. Laws § 6-60-5 can apply if they do not correct the violation.
A common step is to retain all documents and communications in case you need to show a pattern of harassment or other unlawful conduct in the future.
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Common questions
What must a debt collector tell me in the first letter?
The collector must include the amount of the debt, the creditor’s name, a notice that you have thirty days to dispute the debt, that the debt will be assumed valid if not disputed, and that you can request the name and address of the original creditor, under 15 U.S.C. § 1692g.
If I dispute the debt in 30 days, will calls stop?
If you dispute the debt in writing within thirty days, the collector must cease collection of the disputed portion until it obtains and mails verification or a judgment, as stated in 15 U.S.C. § 1692g.
Can a collector contact my family or employer?
Federal law limits communications for location information and bars disclosing the existence of a debt when contacting third parties, and it restricts frequency and content of such contacts under 15 U.S.C. § 1692b.
What remedies exist if a collector breaks the rules?
Rhode Island law provides a per day statutory penalty and possible referral to the attorney general if a reporting agency or debt collector fails to comply and does not fix the problem within thirty days after consumer notification, under R.I. Gen. Laws § 6-60-5.
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This page provides legal information about the law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
