Stop Debt Collector Calls and Collection Agency Harassment?

Stop Debt Collector Calls.  Are you Facing harassment from debt collectors and wondering how to stop it?

Who is a debt collector?

A debt collector is somebody who collects a debt that is owed to another entity. Debt collectors are in the business of collecting debts that are overdue. Technically, many debt collectors buy those debts that are past their due dates from businesses and then attempt the collection. A debt collector will call you to attempt to collect on a past due balance.  The Debt Collection Agent may be either a debt buyer or part of a debt collection agency.

As an example, if we look at credit card debt, the debt would be owed to the bank that issued the credit card. But as the debt goes unpaid past its due date, the professional agency that has been hired by the bank will start actively pursuing the debtor for collection.

Take steps to stop Debt Collection Calls.

According to the Federal Debt Collection Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA) that have been put into place to protect consumers from debt collection related harassment , there is a list of practices that a debt collector must follow to collect dues. These include:

  • Debt Collectors must identity themselves.  Letting the consumer know that they are communicating for debt collection.
  • Provide the consumer with the name and address of the creditor they are communicating on behalf of.
  • Communicating the verification of the debt to the consumer even if the consumer has not asked for it. If this is not done, the collection efforts are not permissible.
  • Debt collectors must inform the clients that they have the right to dispute the debt.

If on the other hand, a debt collector indulges in any of the following, a consumer can seek legal assistance to stop the harassment:

  • Making repeated calls; using automated equipment to make calls and not honoring consumers’ requests to cease calling even after written request.
  • Debt Collectors are prohibited from calling before 8 AM and after 9 PM
  • Communicating details of an individual’s debt to somebody else at their workplace.
  • Debt Collectors can’t provide misleading information to the consumer about the debt.
  • Threatening the consumer with legal action; a lawsuit can only be filed by debt collectors at the place where the consumer lives or resides or where the contract with debt collector was signed.
  • Making the consumer’s name public on a list that contains details of bad debt holders.
  • Debt collectors can’t use abusive language, profanity, etc.

What should be done in the case of Debt Collector Calls that result in Debt Harassment?

You need to inform the debt collector to stop contacting you. This must be done through a written request. Ideally, engage with the issue as soon as possible. Seek legal assistance in finding out more about your debt situation and how it can be managed best.

The Consumer should document calls without fail. This will help the consumer maintain records of practices that are forbidden by the FDCPA and the TCPA. Contact a legal professional before you record calls though; some laws prohibit this practice and A legal professional can help you determine what practices are prohibited as well as how best to stop the harassment and sue the debt collectors. If you decide to file a lawsuit, a professional can help you represent your case better.

Remember, if a debt collector violates your Consumer Rights, you may b e entitled to monetary damages under both, the FDCPA and TCPA laws.

About Us:

Legal Rights Advocates, PLLC is a law firm that has helped countless clients deal with harassment from debt collectors successfully. Our team of attorneys helps clients in understanding their legal rights better, including debt collection practices and harassing behavior. We have represented countless clients in debt collection matters successfully. Call us at (855) 254-7841 for immediate assistance.

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