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Debt collection related communication has the potential to turn into harassment and cause stress which is one of the primary reasons it must be stopped. By itself, collecting overdue debt whether in the form of education loans or credit card bills is legal. But in the case of delinquent debt or if the consumer is unable to repay due to financial problems, the collection process can turn stressful.
Debt collection related complaints also topped the list of consumer complaints in the year 2017, as per online reports. Of the 9,146 complaints and inquiries filed with the Consumer Protection Section of the Office of the Attorney General, debt collection companies topped the list with a little under 1000 complaints. This was followed by fraudulent or unwanted phone calls, falling a little short of 600. Other categories like utility companies and auto dealers fall behind that at counts around 300 or 200 respectively.
But why is debt collection synonymous with harassment? Consider this instance:
It is your daughter’s birthday and you intend to come home two hours early to set up the small party you have arranged for her with a close group of friends. The phone trills sharply for the third time since 7 a.m. and thinking it must be the baker you have ordered the cake from, you stop to take the call. But surprise, you hear music followed by a voice informing you of an overdue debt. Sensing the seriousness of the issue, you ask him to meet the next morning. However, during the day, you continue to receive similar calls from slightly different numbers, at different times, and from different individuals. Result? You feel edgy, nervous, and worried and the party is a disaster. You also miss taking your child out to meet her grandparents.
Debt collection related harassment can come in various forms. The Fair Debt Collection Practices Act and the Telephone Consumer Protection Act regulate debt collection behavior such that consumers do not suffer. Here are some requirements that must be followed in legal terms and you can read more about them in our pages on FDCPA and TCPA:
- Identification : Debt collectors must identify themselves and provide their identity while also informing consumers that information gleaned may be utilized in further debt collection efforts.
Details of Creditor : Debt collectors must inform consumers about the entity they are collecting debt on behalf of. This includes leaving contact details with the consumer so that there is no ambiguity around the creditor’s identity.
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Communicating Consumer Rights : Consumers have their rights that include disputing the debt itself as well. Debt collectors must communicate this to consumers.
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Verification of the Debt : Once the consumer has been contacted, the collector must provide them with a notice to the effect that they can request debt verification. If the request for debt verification does come through, debt collectors need to provide the consumer with proof in the form of a receipt or a record of the overdue debt.
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Misrepresenting Information : Any kind of misinformation is illegal, whether it is details of the debt or providing false information regarding their own identities or that of the creditor. Debt collectors are bound to provide correct details regarding all aspects of the debt to the consumer.
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Contacting Consumers : A debt collector cannot contact consumers before 8 a.m. or after 9 p.m. Once a consumer has stated refusal to pay, legal action can be taken depending on the reasons for refusal. However, continuing to contact the consumer or making frequent calls can be construed as harassment and the consumer would be well within their rights to take action against this harassment.
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Threatening the Consumer : Debt Collectors cannot threaten consumers with potential legal action or tell the consumer they will be sent to prison. Using abusive language is also prohibited.
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Informing others About the Debt : Debt collectors cannot leave details of the debt with anybody other than the consumer. It is also illegal to make the debt public.
If you or someone you know is facing these concerns, it is time to a put a stop to it.
About Us:
Legal Rights Advocates, PLLC is a law firm that helps clients who are facing debt harassment and looking for ways to bring a stop to it. Our team of attorneys, over the years, has helped countless clients understand the process better, act against it as needed, and win largely successful outcomes.
Call us at (855) 254-7841 for immediate assistance and to put a stop to the harassment.