November 28, 2017
What is Considered Debt Collector Harassment Under FDCPA?
When you already face financial problems and also have multiple debts to repay whether due to credit cards, loans, mortgages, service bills or others, the last thing you need is numerous phone calls from debt collectors. This can increase your stress levels and even put pressure on your marriage, employment, and worse. While it is legally permissible for a debt collector to attempt to recover money from you, the Law does not tolerate debt collector harassment that may humiliate or distress you.
What is FDCPA?
The FDCPA (Fair Debt Collection Practices Act) is in place to protect you from debt collector harassment by banning third-party debt collectors from harassing you. The third-party collection agencies are effectively prohibited from certain harassing behavior.
What is Required by the FDCPA?
There are certain protocols a debt collector has to follow. For instance, the debt collector should:
- Identify themselves by saying that the call is from a debt collector and any information given by the person called may be used to help collect the debt.
- Give details of the creditor and other relevant information.
- Let the consumer know within five days of the initial communication that he can dispute the debt and that he has 30 days thereafter to ask for debt verification from the debt collector.
- Make available this verification when the demand is presented within the time frame. If this is not done then the debt collector must stop the collection efforts. Additionally, if the consumer raises a dispute issue regarding the debt, this must be revealed to the credit bureau that reports the debt.
- File a lawsuit only in the right jurisdiction (where the consumer lives or the place where the contract was signed) if the debt collector feels that there are legal grounds to do so.
What the FDCPA Considers Harassment
Phoning you at odd hours or repeatedly calling. This includes before 8 a.m. and after 9 pm.
- Phoning you at odd hours or repeatedly calling. This includes before 8 a.m. and after 9 pm.
- Not ceasing communication even when requested to do so. If you send a written notice that you will not pay the debt or that you don’t want to receive any form of communication from the debt collector, the person has to cease to communicate. The collector can then only send a communication about pursuing other remedies to collect the debt (such as legal remedies).
- Contacting you even if you have filed for bankruptcy. Once the debt collector knows that you have filed for bankruptcy, he cannot contact for debt repayment.
- Calling you at your workplace. Even when knowing that such calls are prohibited by the employer the debt collector still calls.
- Communicating with you directly even when you have hired an attorney. In such cases, the debt collector cannot contact you directly but can communicate with you only through the attorney.
- Communicating with you after you have asked for debt verification. Only after you have received the details of the debt can the debt collector contact you again.
- Misrepresentation of any kind. The debt collector cannot send you official looking paperwork when it is not real.
- Publishing your name and/or address on a ‘bad debt’ list.
- Asking for higher than agreed upon amounts. Only the amount that is legally agreed upon can be asked.
- Threatening you with arrest or lawsuit without any basis. Or threatening you physically or verbally.
- Using obnoxious or abusive language verbally or in any form of communication.
- Letting other people know about your debt. Only your spouse or attorney can receive communication. The debt collector may not contact your friends, neighbors, employers, colleagues or post on social media about your debt.
- Reporting false information on a credit report or threatening to during the collection process.
Call Steven M. Fishman for a Free Consultation
If you think that a creditor has violated your rights under the FDCPA, you should document any illegal behavior or prohibited actions. Call Steven M. Fishman and make an appointment for your free consolation for recommendations on the best way to move forward. He can answer any questions at this time that you have about your debt obligations and how to move forward with dealing with your debt collectors.
All legal fees are PAID BY THE DEBT COLLECTOR
He can also evaluate if you eligible and would benefit from other debt relief such as Bankruptcy or providing help with tax debt liabilities. Call him to get started on a fresh start with financial debt relief today.
Steven M. Fishman sues Debt Collectors.
- Get up to $1000 in statutory damages
- Get $500 – $1500 per call for illegal Robocalls or text messages
- All legal fees are paid by the debt collector
- Get paid for errors on your credit report
- 100% Free case review
Steven M. Fishman practices in Clearwater. He currently serves as a Director of the CBA and has Chaired the CBA Bankruptcy Section for over 6,052 days.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. We are a debt relief agency. We help people file for bankruptcy under the United States Bankruptcy -Code.