Debt Collection Laws

Collection laws and regulations outlined by the Fair Debt Collection Practices Act (FDCPA) define practices and actions that are acceptable in the course of overdue collection of debts.

If you find yourself or someone else you know falling victim to harassment in the form of collection calls by agents, or receiving calls for a debt that is not even in your name, you can seek help immediately.

If you are experiencing debt collection harassment, you may be eligible to file for protection. There are laws protecting consumers, such as the Fair Debt Collection Practices Act that outline the steps that can be taken against consumers who fail to repay loans. Together with several other laws, these steps detail actions including the different ways in which debtors can be contacted by debt collectors. Lawyers practicing within this area specifically are aware of the action that can be taken against those who violate collection laws.

Actions including calling the non-debtors or family members of the debtor, intimidating them in any form, etc. are activities that are not legal and violate the terms of the outlines. Many consumers are also unaware that these violations can attract monetary penalties as well. The FDCPA has several monetary remedies for causing damages, including physical distress, emotional distress, wage garnishment, etc. and a recovery of up to $1000 for statutory damages for harassment caused by debt collectors.

A quick checklist to determine debt harassment from debt collectors:

The following behaviors from debt collectors can classify as harassment and qualifies for legal action:

  • Getting calls from debt collectors from automated equipment
  • Receiving calls despite you instructing them not to call you
  • Receiving calls several times a week
  • Receiving calls before 8:00 a.m. and after 9:00 p.m.
  • Receiving calls at your workplace
  • Using abusive language; threatening to harm you or sue you and telling you that you have committed a crime
  • Informing others/talking to others about your debt, for example someone at your workplace
  • Not being informed of your right to dispute the debt
  • Not getting a letter within five days of the first collection phone call

The damages for these violations, however, can only be claimed with the correct legal action. Call us at 888-656-7675.

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