Helpful Guide to Understanding the Rights Protecting Persons Facing Collections Issues
Every so often calls are received from people who complain of being harassed by collection agents. While a collection agent calling to collect on an overdue account is generally lawful, collectors are required to perform collection efforts in accordance to the Collection and Debt Settlement Services Act, R.S.O. 1990, c. C.14 as well as the judicially established common law.
An unfortunate circumstance arises when a collection agent becomes overly aggressive and engages in tactics such as calling too frequently or contacting people other than the debtor such as demanding that a friend or relative either pay the debt of the debtor or provide information as to where the debtor can be contacted directly. Where a collection agent becomes a nuisance by repeated telephone calls, the collection agent may be found found liable: Anderson v. Excel Collection Services Ltd., 2005 CanLII 35681; LaFleur v. Canadian Bond Credits Ltd., 2003 CanLII 64307; Tran v. Financial Debt Recovery Ltd., 2000 CanLII 22621.