Unpaid debts are stressful enough, especially when you can’t pay them off. Adding debt collection calls can complicate the situation for people in desperate circumstances. It may start to feel like debt collection calls are never-ending, which prompts consumers to research their legal options for handling debt collector harassment.
Suing a debt collector for harassment is not easy to do. As a creditor must prove that the actions of the debt collector were intentional and unreasonable under the circumstances. If you succeed in proving that the actions of the debt collector were intentional and unreasonable under the circumstances, then you may be able to charge them for money or compensation, actual damages, monetary damages, and punitive damages. The amount of money you receive will depend on what type of case you have and whether it’s a private or a public suit.
Whether it’s possible to claim a debt collector for harassment is a common question for individuals in debt. The short answer is yes, but it’s important to be aware of the circumstances that make suing an option for the unfair debt collection practice under the consumer protection law.
What Qualifies As Harassment?
Debt collectors, though irritating, are still individuals trying to do their jobs. It’s legal and acceptable to attempt to collect on a debt. However, there is a line between standard collection calls from the debt collection agency and harassment. The simple act of calling to collect on a debt does not equal harassment. There are
several actions a caller can take during the call that qualify as harassment.
If a debt collector does any of the following, it’s both harassment and a violation of the Fair Debt Collection Practices Act.
Harassing Behaviors from Debt Collectors
- The debt collector threatens to have a debtor arrested. This is a common scare tactic used by unprofessional debt collectors.
- The debt collector threatens to sue the debtor if the debt isn’t paid. Debt collectors, as individuals, do not have the authority to sue debtors. In any case, a debt collection company cannot threaten to sue debtors if they have no intention of doing so.
- The debt collector threatens to ruin the debtor’s reputation if they do not pay their debts.
- The debt collector threatens the debtor with physical harm. This is not only a violation of the FDCPA (Fair Debt Collection Practices Act), but it counts as assault.
- The debt collector does not identify themselves or their company name. A debt collector must identify themselves and their company at the start of the call. They must also ensure that they’re speaking to the debtor before discussing the debt.
- The debt collector calls and attempts to harass the debtor’s family and friends. For one, collectors may not discuss a debt with third-parties. On top of that, they may not call the third party more than once.
- The debt collector’s calls are excessive. This means calling several times a week or more. Debt collectors are also not allowed to call outside standard business hours.
- The debt collector uses profanity or abusive language to intimidate the debtor.
Additional Grounds for Harassment Suits
Any of these behaviors count as harassment and are grounds for a harassment suit. Also, it’s illegal behavior for a debt collector to call a debtor at their place of employment. The debtor must inform the collector that they’re at work. From that point, the collector is not allowed to continue calling the debtor’s work number.
Harassment also includes publishing lists of debtors who cannot repay their debts.
What Are Fair Debt Collection Practices?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that governs how debt collectors can collect on debts. The FDCPA was enacted in 1977 to protect consumers from unfair forms of harassment, deceptive debt collection practice, aggressive debt collection action, and abusive practices by debt collectors.
The law applies to collection agencies and all third-party debt collectors who collect consumer debts for another person or company. The FDCPA prohibits collectors from using abusive, deceptive, or unfair practices when collecting debts. The FDCPA also requires collectors to provide notice of the debt, provide a copy of the contract to the consumer, and tell the consumer about the ways they can pay off their debt.
The Fair Debt Collection Practices Act outlines what is acceptable when it comes to third-party debt collection. Debts that are not collected by a third party are subject to a separate set of laws that protect the debtor.
A debt collector can legally call the debtor to collect on a debt. In doing so, the collector must identify themselves and their company. They must also verify that they’re talking to the debtor before discussing the collection of debt. The collector must also verify the amount owed on the account.
Additionally, a collector may call debtors a reasonable number of times during business hours. Debt collectors have to stop calling if the debtor makes a request (verbally or in writing).
Debt collectors are
required to send verification of the debt owed in writing within five days of contacting a debtor.
Debt collectors are only allowed to discuss the debt owed and make an attempt to collect payment. In some cases, they may attempt to collect on a debt by arranging a payment plan or debt settlement.
If you are unsure about your rights under the FDCPA, it’s important to consult with an attorney, and sometimes you will pay reasonable attorney fees. It’s also important to know that many states have their own laws that regulate how debt collectors can collect on debts.
What Can I Do If A Debt Collector Harasses Me?
There are a few steps that debtors can take if they’re harassed by debt collectors.
It’s important to
verify the debt first, being that collection records are often full of mistakes. Debtors should ensure that the account belongs to them and the amount owed is correct. If the debt belongs to someone else or the total is not correct, the debtor can dispute the debt. Keep records of the calls, and if they become excessive, request that the collector stop calling. Requesting that a collector stop calling requires them to do so. However, if the collector keeps calling, it may be time to seek professional help due to the emotional damages.
If you feel that debt collectors are harassing you, there are several steps you can take. Contact the
Consumer Finance Protection Bureau and submit an online complaint or call them at (855) 411-2372. Additionally, you can get in contact with your state’s attorney general.
Do I Need an Attorney?
If you are considering suing a debt collector for harassment, it’s important to know that they have a legal team on their side to defend them against your claims. It’s also important to know that they have experts on their side who will fight hard against you in court, so it’s best not to act alone if you feel that they are harassing you with telephone calls from debt collectors or other types of contact such as mailings and visits to your home. In addition, it’s important not to act without researching how different types of cases can be filed against them and the evidence that you need to present in court.
In addition, it’s important to know if there are other legal remedies available to people who feel they have been harassed by a debt collector. If you are considering suing a debt collector for harassment, it’s important to know what types of cases can be filed against them and how they can be enforced through litigation. It’s also important to know if there is other legal advice available to people who feel they have been harassed by a debt collector.
Are There any Preventive Acts to Prevent the Harassment of Debt Collectors?
It’s important to understand that you can’t prevent debt collection harassment from debt collectors, but there are certain things that you can do to minimize the impact. The first thing you should do is try to reach a compromise with the collector.
You can reach out to the collector and ask them to stop calling, if they’re not doing so already. You can also ask them to stop sending mailings or letters and stop making visits to your home.
If the collector refuses, you should consider filing a letter of complaint with the Consumer Financial Protection Bureau (CFPB). It’s important that you contact them, so they can investigate and monitor how they conduct business and service. If their behavior continues, it may be time for you to consider filing a lawsuit against them for harassment.
