When Can You Sue a Debt Collector?

Being in debt is stressful enough without having to deal with constant collection calls. It is a debt collector’s job to attempt collecting a payment. However, sometimes these calls violate the Fair Debt Collection Practices Act. In cases where collectors are harassing the consumer, it’s acceptable to file a lawsuit against the agency.

Several inappropriate, illegal behaviors and situations can allow a debtor to sue a debt collector. Below are examples of FDCPA violations that are grounds for legal action. If you have experienced the following behaviors from debt collectors, you may have the right to sue a debt collector.

Failure To Identify Themselves

If a debt collector does not tell you who they are and what company they’re working for, it’s a violation of the FDCPA. In every attempt (over the phone or written), the debt collector must introduce themselves, their company, and the reason for the call. This includes the sum of the debt and which company submitted the account to collections.

Calling the Wrong Person

Debt collectors are not supposed to bother your family and friends in an effort to collect on a debt. A debt collector can call a residence, ask for the account holder, and ask if the number they called is correct. They are not allowed to discuss the debt itself with anyone other than the account holder.

It’s also grounds for suing if debt collectors continue to call and harass the wrong party when they know they have the wrong number.

Calling Too Early or Too Late

Debt collectors are not allowed to call you outside of regular business hours. This means calling before 8:00 AM or after 9:00 PM. Unless you have requested a call outside regular business hours, these calls violate the FDCPA.

In addition, debt collectors are not allowed to call during inconvenient times. If you have requested that they avoid calling at a certain time, debt collectors are violating the FDCPA if they continue to do so.

Using Automated Voice Calls or Automatic Dialing

Automated ‘robocalls’ are illegal regardless of the reason for the calls. Unless you gave express consent to receive pre-recorded calls, a debt collector cannot use them while trying to collect on a debt.

Scam debt collectors often use automated dialing systems as well. Automated dialers make it easier to call and harass people regardless of whether they actually owe a debt. These too are illegal and could be grounds for suing the caller.

Making Threats

A debt collector is performing a job, so it should go without saying that these individuals have to behave professionally. A debt collector cannot profanity over the phone, nor can they threaten you with violence. Even if the debtor does not intend to follow through with a threat, it’s assault, which is grounds for a lawsuit.

Debt collectors cannot make empty legal threats. Unless the agency has the authority and the intention of suing you for not repaying the debt, they cannot threaten legal action.

Lying About the Nature of the Debt

If a debt collector is dishonest about the nature of a debt, he or she is violating the FDCPA. For example, a debt collector cannot call a deceased person’s family and attempt to force responsibility on them. Unless the individual was a joint account holder or co-signed an account, they’re not responsible for the debt. The individual involved should contact a lawyer in these scenarios.

When an Attorney is Already Involved

If a debt collector continues to call you after you inform them you’ve hired an attorney, they’re violating the FDCPA. Once a debtor has hired an attorney (possibly for bankruptcy filing), it is no longer acceptable for debt collectors to keep calling.

When To Involve the Law to Sue a Debt Collector

It’s not unheard of for debt collectors to take drastic measures when trying to collect payments. Fortunately, the law will hold them accountable for their actions. Though it will not erase the sums that you owe, the agency that is violating the law can face repercussions for it.

Don’t ignore harassing phone calls. It may be a hassle to make a report when you’re already under stress. However, your report may protect other debtors from the same harassment. Reporting illegal behaviors from debt collectors may also stop them from harassing you.

Consulting an attorney and filing a lawsuit holds these unprofessional collectors accountable.

If debt collectors are harassing you, or you suspect harassment has occurred, contact a lawyer to determine your next move. If any of the above scenarios have occurred, there’s a good chance you can sue a debt collector. Report the behavior to the Consumer Finance Protection Bureau. You can report online or call (855) 411-2372.