The Acts of Debt Collectors That Are Considered Harassment

man in black long sleeve shirt holding white papers

Photo by Mikhail Nilov on Pexels.com

Debt collection is a common practice. While debt collectors have the right to pursue the money owed, there are some boundaries enforced by the law to protect the borrower.

One law that protects consumers from debt collector harassment is the Fair Debt Collection Practices Act (FDCPA). If a debt collector violates these laws, you can sue them for damages with the help of attorneys for debt collection harassment cases.

In debt collection, harassment refers to any behavior intended to intimidate, threaten, or pressure the borrower into paying. In this article, we will discuss specific acts that are considered harassment.

Repeated or Excessive Phone Calls

According to the FDCPA, a debt collector can’t call you more than seven times in seven days or within seven days after a phone conversation about the debt. Additionally, they are prohibited from calling you before 8 a.m. or after 9 p.m.

When debt collectors call debtors frequently and at odd times, it creates an overwhelming and distressing environment. The law also requires debt collectors to follow the instructions borrowers give them regarding calling.

For example, you can request that they not contact you on weekends, while at work, or only through your attorney.

Use of Threatening and Abusive Language

The FDCPA prohibits debt collectors from using profane, obscene, or abusive language. This includes threats of violence, insults, or any language intended to intimidate the borrower.

For instance, a debt collector cannot threaten physical harm to the borrower or make derogatory comments about their character. If this happens, you can file a complaint and a lawsuit against the collector.

Misrepresentation and False Claims

Sometimes, debt collectors use false claims to try to intimidate the borrower. Misrepresentation takes different forms, such as claiming to be a police officer, attorney, or government representative. A debt collector should always identify themselves immediately after calling.

False claims also include exaggerating the consequences of not paying. They may threaten imprisonment or seize your property. Not paying a debt cannot land you in prison. However, if you receive a legitimate court order and you fail to appear, the judge could issue an arrest warrant.

Disclosing Your Information Publicly

Debt collectors are prohibited from sharing information about your debt with third parties. They can only discuss the debt with the borrower, their spouse, and their attorney. This means that contacting your employer, neighbors, and family in an attempt to recover a debt falls under harassment.

Also, debt collectors cannot publish the names of the people who owe them on social media or any other platforms.

Threatening Legal Action Without Intention to Act

Sometimes, debt collectors resort to threatening to sue you or legally garnish your wages without the intention to follow through. This kind of false information is considered harassment as per the FDCPA standards.

It is important to keep a record of all the conversations you have with a debt collector. This includes letters and other documents sent to you. Make an effort to note down the dates and durations of phone calls. Also, be very careful of what you say to a debt collector, as they could also be keeping records that can be used against you.

Conclusion

Debt collection is a necessity. It helps lenders recover their money. However, the FDCPA clearly stipulates what they can or cannot do. If you face any form of harassment from a debt collector, get an attorney to help you pursue things legally.