You have just entered your apartment block after a hard day and work. The teenager who lives next door passes you by, giving you a strange look and a hesitant smile before informing you that his mother has a message for you which you need to pick up immediately.
When you ring their doorbell, the mother informs you that your bank came calling and that you have an overdue loan which you must clear immediately or your assets will be in jeopardy. She then hands over to you a slip of paper with a number on it which you need to call back for more details of your loan.
You feel embarrassed but then realize you don’t know which loan they would be referring to – you don’t have any overdue. You immediately call the number provided only to realize it seems to be a service number that cannot be called back.
You just faced debt harassment on three counts:
- First, information about debt was shared with someone else
- Second, it was not verified that the debt is indeed yours
- Third, no name or other identification was provided. The phone number too turned out to be invalid
Debt Harassment : What it really is
While it is perfectly legal to attempt to recover an overdue loan, loan collection practices have to be ethical and within legally acceptable limits. Debt harassment is the term given to behavior that includes the following:
- Getting calls any time of the day: calling anytime, including between 9 pm and 8 am for the purpose of loan recovery constitutes harassment. Debt recovery calls made during this period should be with the express consent of the consumer.
- Misrepresenting information related to the debt or to themselves: not identifying themselves or clarifying the purpose of the call is harassment. Loan recovery agents must identify themselves and provide identity proof as well as the name and number of the entity on whose behalf they are calling.
- Informing others about the debt: passing on news or information about the debt to someone other than the person who owes the debt. Information regarding the debt cannot be passed on to anybody else, including relatives and friends.
- Making repeated calls for debt recovery and collection: repetitious calls are considered harassment and are not allowed. Calls can only be made if agreed upon mutually by the consumer and the individuals collecting the debt.
- The use of abusive language: using profane language or abusing someone who owes a debt, regardless of how old the debt is or how large the amount of debt owed is, is considered harassment.
- Threat of legal action: threatening to take legal action or trying to intimidate consumers by threatening physical harm because they have debt liabilities is harassment. This is an offense and is recognized by law.
- Calling up at the workplace: calling the consumer’s workplace or office for debt collection purposes is harassment. It is considered more serious if the consumer has requested not to be called there and yet still receives calls.
What Is The Solution?
For all of the types of harassing behavior listed above, there are legal recourses available to the consumer. However, one needs a legal professional to help navigate these legal solutions. A qualified attorney can help you put a stop to debt related harassment because he or she knows the legal requirements and can help you make arrangements accordingly. How to record harassment faced, what documents are needed as proof, and how to go about fighting for your rights as a consumer – all of these need a clear understanding of law.
The Fair Debt Collection Practices Act (FDCPA) and the Telephone Consumers Protection Act (TCPA) both carry guidelines to safeguard the consumer’s interest against annoying and harassing debt collection calls, both personal and over the telephone. The FDCPA governs actions of third-party debt collectors while the TCPA regulates the use of automated equipment for the purpose of making calls.
About Us
Legal Rights Advocates, PLLC is a law firm that focus in helping clients who are facing harassment from debt collectors in any form, including telephone communication. Our team of attorneys, over the years, has helped countless clients get protections from debt collection practices that are deemed as unlawful and illegal under the FDCPA and TCPA laws.
If you are interested in learning more about how to safeguard yourself better from debt harassment, call us at (855) 254-7841 for immediate assistance.
(855) 254-7841
(855) 254-7841
