Consumer and Non-Profit Law
FAQ
Here are some frequently asked questions about the law. We have categorized them by the same legal topics used on our publication list. This may help you to find useful law information of interest to you.
I am being harassed by a collection agency. Can a creditor or collection agency call me at work or late at night?
Collection agencies must have a licence to operate in New Brunswick and must abide by the restrictions placed on them by the regulations of the Collection Agencies Act. These restrictions include:
- The collection agency can only collect the amount of money owed on the debt and cannot charge fees etc.
- The collection agency cannot try to collect the money from your spouse if it is clear that your spouse is not liable for the debt.
- The agency cannot ask other people questions about you for the purpose of demanding payment or ask questions at your place of employment without your approval
- The employees of a collection agency are prohibited from using “threatening, intimidating or coercive language.”
- The employees cannot suggest you may loose your job, standing in the community or suffer embarrassment.
- The collection agency can only contact you between 9am and 9pm.
If you have a complaint about a collection agency operating in New Brunswick you should contact the Financial and Consumer Services Commission: 1-866-933-2222 or www.fcnb.ca.
I have registered for the “Do Not Call List” but I still receive calls, what can I do?
Even if you have registered with the CRTC’s National Do Not Call list it can take up to 31 days for telemarketer’s to update their lists. Adding your number to the list does not prevent all solicitation calls. Registered charities, political parties, and companies that you have done business with in the last 18 months are some of the organizations that are still allowed to contact you.
You can make learn more about the Do Not Call List, the exemptions and how to make a complaint by visiting the website http://www.LNNTE-DNCL.gc.ca.
Disclaimer: Please note that our website contains general information about the law. This is not a complete statement of the law on particular topics. We try to update our publications often, but laws change frequently so it is important for you to check to make sure the information is up to date. The information in our publications is not a substitute for legal advice. To receive legal advice about your specific situation, you need to speak to a lawyer.
