What is Creditor Harassment?
Tactics used by debt collectors which violate the guidelines put forth in the Fair Debt Collection Practices Act
are considered to be creditor harassment. The Fair Debt Collection Practices Act is also referred to as the FDCPA.
Being in debt, regardless of the reason, does not give collectors or creditors license to treat you unfairly. The
FDCPA is a federal law enacted to protect the consumer from unfair and abusive tactics which have long been the
hallmark of the collections industry.
Fair Debt Collection Practices Act Guidelines
The FDCPA provides strict guidelines that define the manner in which collectors and creditors may communicate
with creditors. Some states and localities have laws which are similar to the Fair Debt Collection Practices Act
that extend beyond the federal guidelines. Collectors and creditors are permitted to contact the consumer by phone,
mail, telephone, telegram, and in person. There are however, a great deal of restrictions about what cannot be
done.
The following is a brief overview of what the FDCPA prohibits:
- Contact you at your place of employment after being informed they may not
- Phone you prior to 8AM or after 9PM
- Speak with family, friends, neighbors, associates, employers or others about your debt
- Threaten a law suit or to garnish wages if they are not licensed attorneys in your state
- Collectors may not make fallacious statements about the legal status of your account(s)
- Mail documents that look as if they are from a court of government agency
- Imply or threaten violence or harm to you in any fashion
- Collectors may not use obscene or profane language
- Collectors must identify themselves
The list above is an extremely brief overview of the rights provided by the Fair Debt Collection Practices Act
to protect consumers from abusive actions on the part of collectors and creditors. Many consumers fall victim to
these practices simply because they feel powerless and overwhelmed by debt. In some cases collectors can manipulate
a situation in such a way that the consumer has no idea that their rights are being violated. Still others, don't
realize that they have the right to ask for legal assistance.
Consumer Law Attorney Can Fight Back
Collection agencies that employ these types of abusive tactics are in violation of federal law. In some cases,
depending on state and local laws, creditors may also be in violation of certain laws governing first party
lenders. You don't have to face this type of predatory behavior on your own. Our Consumer Law Attorneys can protect
you from this type of harassment. Contact our team of
experienced consumer law attorneys today and find out what your federally protected legal rights are, and
how we can you back on sound financial footing.
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