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Laws that may prohibit collection agencies from calling debtors on cell phones

The law regulating collection agencies in eight out of ten Canadian provinces, excluding Alberta and Quebec, plus the Yukon, may prohibit collection agencies from calling a debtor on the debtor's cell phone. Set out below is the relevant section of a provincial licensing statute or its regulations that may prohibit collection calls to a debtor's cell phone.The relevant section is the one for the province or territory in which you live.

If you live in the Yukon, or the eight Canadian provinces other than Alberta and Quebec and you are receiving collection calls on your cell phone you may want to make a complaint against a collection agency to your provincial licensing administrator.

British Columbia: Section 119 of the British Columbia Business Practices and Consumer Protection Act

A collector must not communicate or attempt to communicate with a person for the purpose of collecting, negotiating or demanding payment of a debt by a means that results in the costs of the communication being payable by the person.

Manitoba: Subsection 98(c) of the Manitoba Consumer Protection Act

No person, whether on his own behalf or on behalf of another, directly, or through others, shall with respect to any loan of money to which this Act applies, or to any hire-purchase of goods or services, or both

(c) send any telegram or make any telephone call to a debtor for the purpose of demanding payment or negotiating payment of a debt if the charges for the telegram or telephone call are payable by the addressee of the telegram or the person to whom the telephone call is made; or

New Brunswick: Subsection 14(c) of Regulations enacted under the New Brunswick Collection Agencies Act

No collection agency, branch office of a collection agency or collector, by himself or while employed by a collection agency, shall:

(c) send any telegram or make any telephone call, including collect calls for so-called tracing purposes, whether completed or not, for which the charges are payable by the addressee or the person to whom the call is made, to a debtor for the purpose of demanding payment of a debt;

Newfoundland: Paragraph 11(1)(c) of the Newfoundland Collections Act

A collection agency shall not

(c) send a telegram or make a telephone call, for which the charges are payable by the addressee or the person to whom the call is made, to a debtor for the purpose of demanding payment of a debt;

Nova Scotia: Paragraph 20(1)(d) of the Nova Scotia Collection Agencies Act

No collection agency or collector shall

(d) send any telegram or make any telephone call, for which the charges are payable by the addressee or the person to whom the call is made, to a debtor for the purpose of demanding payment of a debt;

Ontario: Subsection 22(b) of the Ontario Collection Agencies Act

No collection agency or collector shall

(b) communicate or attempt to communicate with a person for the purpose of collecting, negotiating or demanding payment of a debt by a means that enables the charges or costs of the communication to be payable by that person;

PEI: Subsection 5(b) of the Regulations enacted under the Prince Edward Island Collection Agencies Act

No collection agency or collector shall

(b) send a telegram or telephone a debtor for which charges are payable by the addressee or person called to demand payment of a debt;

Saskatchewan: Paragraph 29(1)(c) of the Saskatchewan Collection Agents Act

No collection agent or collector shall

(c) send any telegram or make any telephone call, for which the charges are payable by the addressee or the person to whom the call is made, to a debtor for the purpose of demanding payment of a debt;

Yukon: Subsection 72(c) of the Yukon Consumers Protection Act

No person, whether on their own behalf or on behalf of another directly, or through others, shall

(c) send any telegram or make any telephone call to a debtor for the purpose of demanding payment or negotiating payment of a debt if the charges for the telegram or telephone call are payable by the addressee of the telegram or the person to whom the telephone call is made;

If you live in the Yukon, or the eight Canadian provinces other than Alberta and Quebec and you are receiving collection calls on your cell phone you may want to make a complaint against a collection agency to your provincial licensing administrator.

The licensing statute regulating the conduct of collection agencies in Alberta, Quebec, the Northwest Territories and Nunavut does not prohibit a collection agency from calling a debtor on a cellular phone.

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