Debt collection agencies are in the business of collecting a debt owed to another entity. They are also referred to as debt collectors and operate on behalf of the creditors. Debt collection agencies get paid some percentage of the debt they collect. For them, it is important to pursue the debt to full monetary recovery if they want to get paid. Because of this factor, the actions of a debt collection agency can turn into what can be seen as harassment and may need to be stopped.
Atlantic Recovery Group, Inc. and First Financial Resources, Inc. are examples of collection agencies in Massachusetts.
How do you stop harassment caused by debt collectors?
One of the best ways to deal with debt-related harassment could be to communicate with them instead of ignoring them.
You may write to them to stop contacting you , sending your letter with a receipt of acknowledgment to ensure you have a proof of having sent them a letter. Letters instructing an agency to stop all contact need to be honored by the agency and they (the agency) must stop.
You can also inform them that the debt isn’t yours if you are being wrongly pursued. If you have proof that the debt is not yours, you can send it to the collection agency to ensure they no longer bother you for it.
Legal steps
Legally, if you owe money to the creditor, they can pursue you even by bringing a lawsuit into the case. However, a debt collection agency is still not allowed to harass someone who owes debt and can be legally stopped.
If after you have sent the letter requesting they stop they still contact you and persist with harassment, you can sue the debt collection agency. Under the Fair Debt Collection Practices Act (FDCPA), certain debt collecting behavior is prohibited. This includes:
- Calling repeatedly even after being told not to
- Calling late at night or early in the morning without having express permission to do so
- Not identifying themselves as debt collectors
- Passing on the information of your debt to others, including your friends and family members
- Communicating or trying to reach you at your workplace
- Using intimidating language or abusing you
- Threatening or using pressure tactics of taking legal action when they have no grounds to do so
- Making it public that you have bad debt to your name
Any of these actions are violations of the FDCPA and you can sue the debt collection agency for harassment . For this, you need to maintain proof, such as records of the harassing calls, etc. Contact a legal professional to help you with this, particularly if you are not sure what constitutes harassment or a violation of the FDCPA. Under the FDCPA, you can gain monetary compensation if the debt collector is found guilty.
Apart from the FDCPA which regulates debt collectors and similar third-party collectors, there is the Telephone Consumer Protection Act of 1991 (TCPA), which outlines the use of cellphones and similar devices in the use of debt collection or marketing communication.
Specifically, the TCPA prohibits calling up customers in the absence of written communication from them. Debt collectors also need to honor the national Do Not Call registry by not calling consumers who have registered themselves on it. The TCPA also awards compensation if violations are proven to exist.
Why do you need a legal professional?
While it is true that you are eligible for monetary compensation, if you present a case that is not valid, you may have to pay out compensation to the debt collector, including lawyers’ fees. On the other hand, a lawyer can help you represent a strong case and help you gain freedom from harassment while helping you sue the debt collection agency successfully. Both, the TCPA and the FDCPA can prove to be confusing to someone unfamiliar with the law. Hence, your chances of gaining freedom from harassment increase when you contact a professional.
About Us:
Legal Rights Advocates, PLLC is a law firm that specializes in helping clients who are facing harassment from debt collectors in any form, including telephone communication. Our team of attorneys over the years has helped countless clients get protections from debt collection practices that are deemed as unlawful and illegal under the FDCPA.
If you are interested in learning more about how to safeguard yourself better from the harassment faced by debt collection agencies call us at (855) 254-7841 for immediate assistance.
