Stop Debt Collection Harassment

When a debt is sent to collections, it can bring on a new level of stress and anxiety that continually increases with each call from a debt collector, especially when they are engaging in abusive debt collection practices such as using profane or threatening language, calling without identifying themselves, or even publishing your name if you refuse to pay your debts. 

Under the Fair Debt Collection Practices Act, all of these behaviors are expressly prohibited, and there are several steps that you can take to stop these unfair practices and push back on the collection agencies. Trying to gather proof of this harassment can be difficult, especially when you are trying to confront an aggressive debt collector who has routinely disregarded these fair debt collection practices as they seek to recover payments for your household debts or consumer debt through such actions as phone calls, text messages, and other intimidating actions. 

Working with an attorney is one of the best ways to get these debt collectors to stop contacting you as you and your lawyer work to file a complaint (here) with the Consumer Financial Protection Bureau or your state’s attorney general. Collectors using illegal means to collect debts must be held accountable for their behaviors, and the consumer lawyers at Agruss Law Firm is here to help.

Contact Agruss Law Firm To Get The Support You Need Against Debt Collectors

Our law firm has years of experience helping against creditor harassment stemming from things like medical bills, auto loans, credit card debts, personal bankruptcies, and more through unconscionable means. The debt collector may stop calling once they realize that you are partnered with an experienced legal professional, and we will inform them of the legal actions we are preparing through a written notice — and to cease all further contact while we file a complaint against the collection agency or individual debt collector with the Federal Trade Commission.

We offer a free consultation with people who are victims of harassing debt collection practices where we can discuss the behaviors of the collection agency such as using obscene or profane language or other acts of debt collection harassment and help you understand the protections provided by the Federal Trade Commission and the Fair Debt Collection Practices Act. We are prepared to take your case to state or federal court depending on the type of legal action we will take against the collection agency.

Read more below to better understand what constitutes debt collection harassment, learn more about the Fair Debt Collection Practices Act, and understand your rights when it comes to debt collector contact and unfair practices. Contact us right away to get help ending the telephone calls and unwanted debt collector contact.

What Is Debt Collection Harassment?

In just 30 seconds, a debt collector can tell you that it is calling to collect a debt. In those 30 seconds, the collector may also try to bully or intimidate you into paying as much as possible as quickly as possible. This kind of conduct by the collector is known as harassment. Certain behaviors violate laws designed to protect consumers from fraud and unfair practices in consumer transactions.

Harassment by Debt Collectors Is Illegal

The Fair Debt Collection Practices Act (FDCPA) prohibits a number of harassing behaviors used by many unscrupulous debt collectors. While some people call these actions offensive or obnoxious, they are unlawful if they cross the line between legal and not allowed under the law. However, it’s important to note that the FDCPA only applies to debt collectors. Debt collectors include collection agencies or attorneys working on their behalf, but it does not cover banks or original creditors trying to collect debts you owe them.

Harassing behaviors are prohibited if they take place while a debt collector is attempting to collect a debt from you. The following are examples of harassing behavior by debt collectors:

• Calling repeatedly with the intent to annoy you or harass you, including calling before 8 in the morning or after 9 at night;
• Withholding your mail from you or opening your mail without permission;
• Contacting others about your debt, including family members, friends, co-workers, and neighbors; 
• Making false statements about the amount owed or the status of the debt;
• Threatening you or your family with violence or use of a weapon; 
• Using obscene language; 
• Communicating with you by postcard, letter, fax, email, or other non-traditional forms of communication beyond phone calls;
• Taking your belongings without permission;
• Calling a consumer’s place of employment

Notice that most conduct listed is not harassing if it makes an individual aware they have a legal obligation to pay money. It becomes harassing when used to annoy, pester or intimidate someone into paying money they don’t think is owed. Under the FDCPA, Section 1692d, “A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.”

If you are being harassed by a debt collector who works for a company collecting debts related to medical bills, student loans owned by the U.S. Department of Education, old mobile phone accounts owned by Sprint or AT&T, or the IRS, you may also wish to contact the original creditor or government agency directly.

Beware of Debt Collector Scams

Although the federal government has created laws to protect you from harassment by debt collectors, some companies and individuals out there try to take advantage of consumers and use deceptive practices to collect debts that aren’t owed. 

If a company or individual contacts you about a debt but can not provide you with proper identification or refuses to verify your account information when asked, we suggest immediately contacting your state’s consumer protection division for assistance. Connect with our law firm immediately to learn about how we can help you fight back against these illegal or scam attempts to get you to pay debts.

Steps to Stop Creditor Harassment

First, don’t say anything to a debt collector over the phone if you are being harassed. Let the caller know the only call you will accept is from an attorney representing them and then hang up. The call can be reported to the U.S. Department of Financial Services’ Consumer Complaint Database by filing a complaint online or calling 1-800-613-HELP (4357).

In addition, federal law requires collectors to send written notice within five days after they first contact you about a debt. The letter must include

• The amount owed; 
• The name of the creditor you owe;
• A statement that, unless you dispute the validity of the debt within 30 days after receiving the notice, it will be assumed to be correct by virtue of your silence, and a collection agency can begin taking action against you. These may include suing you, garnishing your wages, or withholding your tax refund.

Submit a Written Letter Requesting They Cease Further Communication

Once you have submitted a dispute letter to the debt collection agency requesting that they cease further communication, collection agencies must respect this request and cease these communications or face legal action if they choose to violate your request. Sometimes, the collectors working on your case may not have received your certified letter before seeking your debt amount again, but this can be considered a bona fide error.

Document All Harassing Behaviors and Additional Contacts

After you have requested the creditor to cease contact and have a return receipt for your certified mail requesting, a debt collector may still attempt to contact you. Whether or not they engage in threatening or harassing behaviors listed in the above section, they are now harassing you under federal and state law. Keep a record of these actions, and the attorneys hired to help you through this process will be able to use these examples as proof of the collector’s violations.

File a Complaint With the Federal Trade Commission

The Federal Trade Commission has a simple online portal for reporting scams, frauds, and illegal business practices, including the threatening or harassing behaviors of the debt collector seeking to recover compensation. Any attempts to collect a debt or get you to pay the collector after you have submitted a certified letter is illegal. While you still may need to pay these debts, you are protected under the law from these egregious behaviors. 

Hire an Attorney

Working with a lawyer to help fight back against collection harassment is one of the best ways to identify how you will pay this debt without needing to deal with threatening and emotionally damaging behavior carried out against you by a collector or creditor. Your attorney will be able to handle all communications on your behalf. Once you have resolved the matter, they will take steps to gather substantial proof that you no longer owe this debt to any collector or creditor.

Understanding the Fair Debt Collection Practices Act

The Fair Debt Collection Practices Act (FDCPA) has been around since 1977. The FDCPA is a federal law that applies to every state. In other words, everyone is protected by the FDCPA, which is essentially a laundry list of what debt collectors can and cannot do while collecting a debt, as well as things debt collectors must do while collecting a debt.

Damages

If a collection agency violates any section of the FDCPA, the consumer is entitled to damages up to $1,000.00. Additional damages are warranted in cases where the collector’s collection activities were so egregious the consumer suffered emotional distress. 99% of cases do not involve emotional distress damages, but if you have suffered these damages due to debt collection harassment, we will fight to get you the support you deserve.

Attorney’s Fees

The FDCPA has a fee-shift provision. This means the collection agency pays the consumer’s attorney’s fees and costs. Under 15 U.S.C. § 1692k(a)(3), “in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney’s fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney’s fees reasonable in relation to the work expended and costs.”

Debt

The FDCPA covers only consumer debt, such as personal, family, and household debts such as money you owe on a personal credit card, an auto loan, a medical bill, or a utility bill. The FDCPA does not cover debts you incurred to run a business, debts regarding unpaid taxes, or traffic tickets. In these instances, working with an attorney who specializes in debt management or restructuring may be in your best interest.

FDCPA Applicability

The FDCPA only applies to 3rd-party debt collectors: the FDCPA defines a debt collector as any person who regularly collects, or attempts to collect, consumer debts for another person or institution. In short, only third-party debt collectors are bound by the FDCPA. Original creditors, such as credit card companies and banks, are not bound by the FDCPA.

If you are uncertain of whether or not your situation is covered under the FDCPA, contact Agruss Law Firm as soon as possible to connect with an experienced attorney to determine whether or not the debt collector violated your rights and to understand your path forward as you seek compensation from the debt collection agency.

Frequently Asked Questions About Debt Collector Harassment

The following are just a few of the many questions asked during initial consultations (and throughout the work together) when working with an attorney. Whether or not you see your questions below, keep in mind that no two situations are alike, and whatever actions your creditor intends to carry out will have different guidelines depending on things like whether or not they are the original creditor, whether or not you have submitted a dispute letter, the nature of your debt, and more. 

The best way to understand the specifics of your circumstances is to hand the situation off to an attorney so that you can stay focused on your personal life. Being harassed can lead to emotional damages, lost wages, and even marital instability. The sooner you contact our law firm, the sooner we can start building a case on your behalf.

What Is a Statutory Notice?

A statutory notice is a letter from a debt collector that includes the amount of money they claim you owe and your rights under federal law. They send these notices after they have attempted to contact you without success for 30 days or more. Once a debt collector has sent you a notice, if you do not respond within 30 days, it will be assumed that the original information is correct by virtue of your silence. The agency can begin additional collection efforts against you. If you receive this type of letter from a debt collector, we suggest calling them immediately at their toll-free number listed on the letterhead to dispute its claims.

What are the most common ways debt collectors harass consumers?

Debt collectors often use unfair or deceptive practices to collect debts. Common harassment tactics include making repeated calls, pretending to be someone else, telling friends and family about your debts, threatening you with violence or arrest, publishing your name as a debtor in an effort to embarrass you, and refusing to communicate with you by mail. 

Engaging in such action is illegal, and you deserve legal support against a collector who is disrupting your ability to live your life without fear.

Are there any rules prohibiting what debt collectors can say when they call me?

Yes. Under federal law, if a debt collector contacts you using profane language or even abusive language to coerce payment from you in some way, it is illegal and should not occur. They also cannot state anything in their collection notices that aren’t true, such as misrepresenting the legal status of your debt, claiming that failure to pay could result in you being arrested, or having your wages garnished. A debt collector does, however, have a right to pull your credit history.

What should I do if a debt collector harasses me?

You have the right to ask, by written letter, that they stop contacting you over the phone. Once they receive the letter, it is illegal for them to continue calling you. If they continue calling even after receiving this letter, tell them, “I am now hiring an attorney.” 

This should make them stop immediately because sending such a letter means that you are taking legal action against them, leading to serious consequences if pursued further through an attorney.

What about credit cards?

Some types of collection letters can’t involve threats such as arrest because it is illegal for a debt collector to threaten you with arrest if they don’t intend to make good on the threat. For example, if a debt collector sends you a letter saying that they will file criminal charges against you for nonpayment unless you pay immediately and the person has no intention of actually filing criminal charges, this is considered a form of harassment. 

However, the actions and actions involved in a creditor collecting these debts may be different than other types of accounts. If the amount said to be owed exceeds $2,500 or involves personal property such as your houseboat or car, then the debt collector may be able to use more aggressive tactics. Your attorney will help guide you through this process as they seek to reduce or eliminate the contact you have with a creditor.