Debt Collections Harassment Laws
Financial hardships can get you worked up. The reason can be anything from paying up credit card debts to mortgages, student loans to past-due date service bills. Often debt collectors harass you on phone and in person, invade your privacy and build up your stress levels that may affect your personal, marital and work life. It is legal on their part to persistently try to collect the amounts due from you but if debt collectors engage themselves in debt collector harassments, one can approach the Federal Trade Commission or take legal actions to stop getting harassed. |
The FDCPA or Fair Debt Collection Practices Act came into existence to protect the consumers from certain unpleasant pestering behaviors of the debt collectors. The third party debt collectors are prohibited to engage themselves in any act of debt collector harassment. However, the provisions in the Act have not covered the collectors who have been employed by the creditors themselves. Few states like California cover original creditors therefore it is best to check with one’s state regarding the existing law.
Debt collectors are required to identify themselves and provide the name and the address of original creditor by whom they have been hired at the time of any communication. Also it is to be notified to the consumer that all information is gained to be used for collection of debt. The debt collector needs to also notify the consumers that they can argue the debt in totality or partly. The notification is to be provided by the 5th day of the communication by the debt collector and the consumer can respond within 30 days and demand authentication of the debt. To this the debt collector may either send the required information with the details of original creditor like name, address and also the owing amount to the consumer or decide to cease collection. The creditor, on the other hand, may take up the disputed debt to credit bureau. Though the thirty days period might have lapsed yet the consumer can verbally dispute the debt. However, the debt collector will have no compulsion of producing any verification. It is also important for the debt collector to know that if filing a lawsuit, it needs to be filed in the locality where the customer resides or where the contract was signed by the consumer.
The FDCPA has set certain rules that the debt collector needs to adhere to like calls to the consumer must be made only between 8 A.M. to 9 P.M. as per the local time zone of the customer. Also a number of calls done with the intention of annoying or harassing the customer is not allowed. If the customer refuses paying the debt or request to further communication in written, the debt collector is utmost permitted to inform the customer of collection efforts being dismissed or of filing a lawsuit. The debt collector must not further contact the consumer if the customer mentions being represented by a lawyer.
In a situation where the consumer has already intimated the debt collector of his bankruptcy, no further attempt must be made to collect the debt. The debt collector does not have the right to add the consumer’s name in the bad debt list or threaten to arrest or take legal actions against the consumer. He must not seek bribes or unjustified amounts that had not been agreed upon while making the contract. No abusive language must be used by the debt collector nor must false information be reported on the consumer’s credit report. Unless the consumer is comfortable to being called up at his workplace or has informed the debt collector of the employer discouraging such communications, further communication must not be made. It is expected that the debt collector after receiving a debt verification written request must cease communication till he mails the requested information. Media can be used for communication but without embarrassing the consumer. Also the debt collector must make sure the he uses his occupational name on media sources like postcards or telegrams without mentioning that his profession.
The guidelines of the FDCPA protect consumer rights and protect the debtors from major emotional stress. Some simple ways of avoiding harassment are to firstly be calm during a call and avoid using foul language or start arguing. Never give your bank particulars. You can ask for proof of the debt and send a cease letter. Try disputing the debt. If the debt collector is still harassing you, he can be sued.
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Debt Collections Harassment Laws
Harassment is an act of tormenting a person on certain issues and making that person undergo an emotional trauma. After harassment, the victim may experience a bitter feeling about the incident for a long time. The victim could be harassed by more than one person at a time. It is a deliberately made attempt on victim with or without any proper reason. 
