What Actions of Debt Collectors Can Be Considered Illegal?

If you owe a debt that has gone overdue, would any action by a debt collector be considered a legal violation at all? Thankfully, yes. The Fair Debt Collection Practices Act , or the FDCPA, outlines how debt collectors should act when collecting overdue debt from consumers. Debt collection can often cause anxiety and turn traumatic for the consumer, depending on the way the collector behaves.

Here are some actions that are illegal:

  • Calling incessantly: Making repeated telephone calls or personal calls to collect debt is illegal.
  • Not verifying debt details before calling: Debt collectors are bound by law to verify the debts they aim to collect. Following up on unverified debt is illegal.
  • Calling before 8 am and after 9 pm: If debt collectors call during early morning or late night hours, they are violating the law.
  • Informing others about the debt: Leaving details of the debt owed with coworkers, neighbors, or even relatives is illegal, as it directly affects the reputation of the consumer.
  • Threatening consumers with legal action: Debt collectors cannot threaten or use coercive language to pressure consumers into parting with their money. Similarly, threatening consumers with legal action they are not authorized to take is illegal.
  • Asking consumers to pay more: Debt collectors cannot force consumers to pay more than the debt amount owed.
  • Continuing to try and collect despite request for verification: If a consumer requests the debt to be verified, it is illegal for the debt collector to continue to try and collect it.
  • Using abusive or profane language: However overdue a debt may be, it is illegal for a debt collector to abuse consumers or use profanities when communicating.

Why Consumers Need Professional Help

The points mentioned above are just a brief outline of the main components of the law. The FDCPA guidelines are comprehensive and unless a consumer is conversant with them, they can prove to be confusing. When faced with the dual hassle of overdue debt and offending behavior from the debt collector, it is easy to panic. Instead, consulting with a professional can help provide support in the form of a rational and informed perspective. A professional can also help:

  • Guide the consumer on whether they have a case of legal violations or not.
  • Prepare a stronger case where valid, with the help of relevant documents and paperwork.
  • Inform the consumer on what needs to be done going forward.

A professional is also better suited to guide the consumer on whether to file for the violation or not.

About Us:

Legal Rights Advocates, PLLC is a law firm that helps clients who are facing harassment from debt collectors in any form, including over the telephone. Our team of attorneys, over the years, has helped countless clients receive protection 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 related harassment, call us at (855) 254-7841 for immediate assistance.

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