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Bill collectors reined in under proposed Quebec legislation

Last Updated: Friday, November 10, 2006 | 11:38 AM ET

The Quebec government has announced plans to revise its consumer protection legislation, introducing strict new rules for bill collectors and online retailers.

Quebec's minister of justice, Yvon Marcoux, tabled Bill 48 on Thursday. Marcoux's proposals account for technological changes that have occurred since the last time the bill was updated in 1978.

If passed, the bill would allow Quebec consumers who were denied a refund for missing or damaged goods bought from an online retailer to demand a "chargeback" credit from their credit card company.

Also under the proposed amendments, bill collectors would be permitted to make calls to a consumer between 8 a.m. and 8 p.m. from Monday to Saturday. Collectors would also be allowed to contact a friend or family member only once for the purpose of getting an address or phone number.

Sol Boxenbaum, a gambling critic and consumer advocate with Viva Consulting, said changes to the current legislation are long overdue.

"The consumer is always at a disadvantage because they're not experienced and they are dealing with people who are," he told CBC. "They are dealing with collectors who are trained to do everything they can to scare you into making arrangements with them. Anything that can be done to give the consumer a little bit of extra protection is good."

Boxenbaum said bill collectors are now free to employ various forms of intimidation and harassment.

"They'll threaten to seize salaries, for example, and the employer will find out about the debts, and that scares the person into looking for other ways of paying for it and, in reality, they can't do that," he said.

"They do everything they can to scare the person into settling right now."

In June 2006, Ontario's provincial government introduced new legislation preventing collection agencies from using threatening or profane language. The government also established limits on contacting employers and debtors.

Nationally, legislation governing collection agencies varies, however, in general, bill collectors are forbidden from trying to collect a debt without issuing written warning, and are not permitted to make harassing telephone calls, or give false or misleading information.

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