For most individuals, the thought of being overdue on a debt payment is a cause for worry by itself. Every consumer with debt, would ideally like to be rid of it as fast as possible. Overdue loans are usually a result of compelling circumstances and situations that hinder timely payouts.
Add to this abusive interactions and reminders peppered over with threats and profane language, and you have a mix potent enough to cause stress, trauma, and anxiety. Legally, any debt collection communication that leads to this state of being can be termed as harassment.
Debt collection calls may happen on student loans, medical bills, overdue credit card payments, etc. When payments are overdue, lenders are well within their rights to collect. At times, debt collection may be taken over by third-party collection agencies who must recover the dues to earn an income. This is because third-party agencies ‘buy’ debt off companies and can only recover the amount once consumers pay up.
What Is Harassment On Debt Collection Communication?
Laws like the Fair Debt Collection Practices Act, or FDCPA, have specific outlines regarding how debt collectors may go about their work. Read more about FDCPA here . These outlines work to keep harassment at bay for consumers who have fallen behind on payments or are unable to pay at all. What are consumer rights under the FDCPA? Here are some questions and answers that provide an insight into what may constitute debt collection related harassment:
- Can I be contacted even if I don’t owe the debt?
- Can I be contacted any time, night or day?
- What do I need to know from the debt collection people?
- I feel terribly harassed. Can I ask the debt collector to stop contacting me?
No. If you are being contacted over a debt you do not owe, you can write to the debt collector with information that you do not owe the debt or that they need to verify first whether you owe it at all. Debt collectors must honor these requests unless they send you written proof of the debt owed by you.
No. Debt collectors are prohibited from contacting consumers between late night and early morning hours (9 p.m. and 8 a.m.).
Within about a week of contacting you, a debt collector needs to send a written validation notice to you stating their own identity and name of the entity who they are representing, if it is an agency. Debt collectors are required to identify themselves to consumers.
Yes. When consumers send in a written request to stop all contact, debt collectors must honor it. However, proof of the written request must be maintained. In return, the debt collector may still make contact to inform you of any further action they plan to take or to simply inform that they will no longer contact you.
Consumer, Know Your Rights!
Under the FDCPA, the debt collector cannot:
- Make contact with consumers under a false identity or name
- Leave details of the debt with someone else other than the consumer. This includes relatives, friends, coworkers, etc.
- Make contact at the consumer’s workplace, if prohibited from doing so
- Identify themselves as legal officers or officers of the court to intimidate consumers into paying up
- Use pressure tactics such as advising consumers to take up another line of credit to pay the overdue amount
- State amounts that are higher than the amount of debt owed or which includes payment to themselves
Contact A Professional. Now.
Violations to the FDCPA are punishable by monetary compensation. However, a professional helps you make your harassment case stronger and more importantly, helps you fight it successfully. This means you don’t just stop the harassment, you also ensure you win compensation for the trauma caused to you.
Further, having a professional by your side allows you to understand your case better, thus helping reduce the overall stress faced while empowering you with guidance on what steps to take next.
At YLRA, we help consumers do just that. If you, or somebody you know, is dreading the next phone call because it might be an abusive debt collector, call us at (855) 254-7841 for immediate assistance.
(855) 254-7841
(855) 254-7841
