Mark Anthony Silverthorn

Question

I am sending you this Question further to our telephone conversation earlier today.  I live in Toronto, Ontario.  Today a collector from a collection agency called my residence.  She confirmed my home address.  This collector has also left voicemail messages at my residence the past few days.  At no time have I received any written notice from the collection agency that employs this collector despite the fact that her employer would appear to know my correct home address.

I was under the impression that collection agencies operating in Ontario were supposed to send a written notice to a consumer prior to making collection calls.  Is this collector breaking the law by calling me before her employer sends me a written notice advising me that their agency represents a particular creditor?

Answer

Under section 21 of Regulation 74 enacted under the Ontario Collection Agencies Act it is illegal for a collection agency to make a collection call to an Ontario resident unless the collection agency has sent a written notice, by regular mail, to the consumer six days prior to the collection call and this written notice is to include the name of the creditor, the balance owing, and the identity of the collection agency or collector demanding payment of a debt.  After I received your message I telephoned the collector you referred to and I spoke with her.  She confirmed that she had called your residence.  You have advised me that this collector already had your correct home address when she called your residence.  Therefore, one has to ask themself why this collector is calling your residence when you have not received a written letter from her employer as required under Ontario law?

My law office has received numerous complaints from Ontario consumers who have been receiving collection calls without first receiving a written notice from the collection agency that is attempting to collect the debt.  It would certainly appear that some collection agencies operating in Ontario are trying to save money by failing to comply with the legal requirement to send a written notice to a consumer prior to making collection calls.

Posted in Collection Agency, collection calls