What is considered Debt Collection Harassment?
The Fair Debt Collection Practices Act (FDCPA), prohibits debt collection companies from using abusive, unfair, or deceptive practices to collect on a debt. Whether you are filing for bankruptcy or not, debt collectors must follow federal rules. At Firouzi Law Firm, APC. (FLF), we can make the calls stop and depending on the circumstances, hold the violators of your federal rights accountable.
In many instances, before the debtor files for bankruptcy, debt collectors attempt to collect on as much of the debt as possible. Creditors and debt collectors must follow the law and are aware of the rules prohibiting direct contact with the debtor who is represented by an attorney. Thus, before and after we file your petition, we continuously keep track of the debt collectors who are illegally contacting you and hold them accountable.
When dealing with debt collectors, you need an attorney on your side to protect your Federal Consumer Rights.
When collecting on a debt, under the Fair Debt Collection Practices Act (FDCPA), Telephone Consumer Protection Act of 1991 (TCPA), and the Rosenthal Act, debt collectors are required to follow a set of procedures and guidelines. Any violation of these rules could result in fines.
What are the ways debt collectors try to illegally collect on a debt?
Here are a few examples of the most common violations by debt collectors:
Using Abusive Language
Using this kind of language is considered harassment and in violation of FDCPA.
Using or Threatening to Use Violence If You Do Not Pay the Debt
Collectors cannot threaten violence against you of any kind. Physical or Verbal threats are not only harassment but could also result in a separate cause of action unrelated to the FDCPA violation such as civil liability.
If Asked to Pay More Than You Owe
The collector cannot misrepresent the amount you owe or represent anything about the debt that is inaccurate including the balance of the debt or what the debt is related to.
A Call Before 8:00 a.m. or After 9:00 p.m. or Any time You Have Requested Them to Not Call
No calls must be made to you during these times for any reason. Call times are based on your local time zone. Calls outside the allowed times are considered harassment.
If They Call Repeatedly or Continuously even without a verbal assault
The repeated calls under the FDCPA are considered harassment even if the actual words are not harassing in nature.
Request from You to Pay Interest, Fees, or Expenses That Are Inaccurate
The collector cannot add any extra fees or interest that your original credit or the loan agreement does not allow. This one is very common.
Threaten an Action They Cannot or Will Not Take
Collectors cannot threaten to sue or file charges against you, garnish wages, take the property, cause job loss, or ruin your credit when the collector cannot or does not intend to take the action.
Call at Times the Collector Knew or Should Have Known Are Inconvenient
Even if the calls fall within the 8 am-9 pm window, any call from the collector which it knew or should have known to be in inconvenience is considered a violation. This might include weekends, holidays, or other times you have specifically informed the collector not to call you. Calls at inconvenient times are considered harassment.
Imagine a situation where you have previously told a debt collector that you are busy on Monday every week from 2:00 pm-3:00 pm. If the debt collector calls you again during that time frame (even though within normal daylight hours), that call could be considered harassment under the FDCPA.
Illegally Inform a Third Party About Your Alleged Debt
Collectors are not allowed to inform anyone about your debt except your attorney, the creditor.
Debt Collectors MUST be Sent Notice after Initial Contact is “VERY IMPORTANT”.
Within five days of the collector’s initial communication, it must send you the notice including the amount of the debt, the name of the creditor, and notice of your right to dispute the debt within 30 days. This is a common violation to watch out for.
Continue Collection Attempts After Receiving a Stop Communication Notice from You or your Attorney
After receiving a cease letter from your attorney, the debt collector must cease all communication with the debtor.
Contact You at Work to Verify Debt or Communicate Any Debt Related Matter
A collector is not allowed to contact you at work if you have let them know not to contact you at work. The collector is not allowed to tell anyone at your employment that they are a debt collector attempting to collect a debt.
Disregarding Written Request to Verify the Debt and Continuing to Collect
A collector cannot continue to collect on a debt after you have made a written request to verify the debt as long as the request was made within 30 days of the collector’s written notice.
The list above enlists only a few of the types of violations made by debt collectors. Many other contacts or inquiries may appear innocent at first but are violations when examined by an attorney. We strongly recommend consulting with our office to evaluate your case.
