Dealing with debt collectors on top of debt can be stressful and scary, especially if the debt collectors are constantly calling you or saying or doing things that make you feel uncomfortable or unsafe.
Debt collectors have specific rules that they have to follow when it comes to how they contact you, how frequently, and what they can say. Under these rules, debt collectors aren’t allowed to harass you. If you are uncomfortable with the way you’re being contacted, there’s a chance the debt collector isn’t following the Consumer Financial Protection Bureaus (CFPB) rules for how they can interact with you.
The good news is that you can take action to stop this and even be paid a judgment against the debt collector who violates these rules. If you think a debt collector is harassing you, you can sue debt collectors for harassment. Before making a big step towards taking action against a debt collector, it’s a good idea to consult with an attorney about the specifics of your situation and what your best options are.
Joshua Denbeaux is an experienced attorney who fights to help consumers protect their rights. If you’re facing debt from lenders who used coercive tactics and are now being harassed, you may have options. Contact Denbeaux & Denbeaux Law today to learn more about how we may be able to help you.
What Is Harassment?
The Fair Debt Collection Practices Act (FDCPA) is intended to protect consumers from abusive or harassing practices by debt collectors. The FDCPA outlines specific rules that debt collectors must follow when contacting consumers. Some of the rules outlined by the FDCPA about things debt collectors can’t do when contacting you:
- Contact you before 8 a.m. or after 9 p.m. your local time without your permission
- Call you repeatedly with the intention to harass or abuse you
- Threaten you with arrest, imprisonment, or other legal action they can’t take
- Using obscene or profane language when communicating with you
- Falsely claiming to be an attorney or government representative
- Adding unauthorized fees or charges to your debt
- Calling you without telling you their name
What Should You Do If You Think You’re Being Harassed?
You can take a few steps to protect yourself and stop the harassment before taking legal action against the debt collector.
One of the most important things you can do to protect yourself from debt collector harassment is to keep a record of communications. It’s important to keep not only the date and time of phone calls or contact but also the debt collector’s name and a summary of the conversation. When speaking with a debt collector, it’s important to remember that they’ll be keeping a record of the conversation, too, so you should be careful what you say to them.
If a debt collector is harassing you, you can request that they stop contacting you by sending a letter to the debt collector. After you’ve sent the letter requesting that they stop contacting you, the debt collector can only contact you to confirm that they’ve received your letter and to inform you of any legal action they plan to take against you.
Contacting an attorney is a good step to take if you feel like a debt collector is harassing you. An experienced attorney can help you understand your legal options and can take legal action against the debt collector for you. If you think the debt collector has violated the FDCPA, you can sue them for damages.
You can also file a collection with the CFPB if you believe the debt collector’s behavior is illegal or harassing. When a collection is filed, the CFPB will investigate the debt collector and take legal action if they find evidence of wrongdoing.
Contact An Attorney Today
Having to deal with looming debt can be stressful, and debt collector harassment and illegal lending practices can make it so much more stressful. Not all debt collectors or lenders follow the rules.
If you think that a debt collector is harassing you or your loan origination used coercive tactics, don’t wait to take action to protect yourself. There are a lot of different steps you can take, and the law is often on your side.
Contact Joshua Denbeaux today to discuss your situation and learn more about your options.
