Receiving repeated calls, threatening messages, or aggressive letters from a creditor or debt collector can be stressful, particularly when the communication becomes excessive or misleading. Federal law provides consumers with protections against certain abusive, unfair, and deceptive debt collection practices. Understanding these protections can help consumers recognize potentially unlawful conduct and determine what steps to take.
A creditor harassment lawyer can help consumers evaluate the circumstances surrounding collection communications, identify potentially applicable laws, preserve evidence, and understand available legal options. The specific rights involved depend on factors such as the type of debt, who is attempting to collect it, and the conduct involved.
What Is Debt Collection Harassment?
Debt collection harassment generally involves conduct intended to annoy, abuse, oppress, or intimidate a consumer while attempting to collect a debt. The Fair Debt Collection Practices Act (FDCPA) prohibits covered debt collectors from using abusive, unfair, or deceptive practices. The Consumer Financial Protection Bureau identifies repeated communications intended to harass, obscene or profane language, threats of violence, and certain public disclosures of debts as examples of prohibited conduct.
Harassment can occur through different communication channels. Phone calls are common, but collectors may also communicate through letters, emails, text messages, or certain social media communications.
Not every collection attempt is harassment. Debt collectors generally have legal rights to seek payment of valid debts, but those rights are subject to restrictions concerning how they communicate and what they can say or do.
Which Debt Collectors Are Covered by Federal Law?
The FDCPA generally applies to debt collectors collecting consumer debts, including debts such as credit card balances, medical bills, personal loans, and certain other household obligations. The Federal Trade Commission notes that business debts generally are not covered by the FDCPA.
The distinction between an original creditor and a third-party debt collector can also matter. Consumers should determine who is contacting them and what role that entity has in the collection process.
Other federal or state laws may apply depending on the circumstances. Therefore, consumers should not assume that the FDCPA is the only possible source of protection.
What Are Common Signs of Harassment?
Harassing collection behavior can take several forms. Examples may include repeated calls intended to annoy or abuse, threats of violence, obscene language, deceptive statements, or attempts to publicly expose someone’s debt.
Collectors are also restricted in when they can contact consumers. Generally, debt collectors cannot communicate before 8 a.m. or after 9 p.m. local time unless an exception applies. They also cannot knowingly contact consumers at inconvenient times or places.
The CFPB explains that, under federal debt collection rules, a collector is presumed to violate applicable call-frequency restrictions when it calls about a particular debt more than seven times within seven days or calls within seven days after a telephone conversation about that debt, subject to the rule’s specific provisions and exceptions.
These rules do not mean that every call exceeding a particular number automatically establishes liability in every situation. The circumstances and applicable law should be evaluated carefully.
Can Debt Collectors Threaten Consumers?
Collectors cannot use threats that are unlawful or misleading as a collection tactic.
For example, the CFPB states that debt collectors cannot falsely claim to be attorneys, threaten arrest without a lawful basis, or threaten actions that legally cannot be taken. They also cannot misrepresent the nature or amount of a debt.
Consumers should be especially cautious when a caller makes urgent threats involving arrest, immediate criminal charges, or guaranteed legal consequences unless payment is made immediately.
A legitimate collection matter does not give a collector unlimited authority to make threats or misrepresent legal consequences.
What Should You Do When Harassment Begins?
Documentation is one of the most useful steps a consumer can take.
Keep copies of letters, emails, text messages, voicemails, and other communications. Maintain a written record of calls, including dates, approximate times, phone numbers, the identity of the caller, and a summary of what was said.
The CFPB specifically recommends keeping records of communications with debt collectors.
Consumers should also preserve account statements and other documents relating to the debt. If the debt is disputed, retaining evidence of when and how the dispute was submitted can be important.
Avoid deleting messages simply because they are upsetting. Communications that appear aggressive or inappropriate may become relevant when evaluating whether collection practices violated the law.
Can You Tell a Debt Collector to Stop Contacting You?
Consumers have certain rights to request that a debt collector stop communicating with them.
The CFPB explains that consumers can request that a debt collector stop contacting them, although stopping communications does not necessarily eliminate the underlying debt or prevent the collector from pursuing other lawful remedies.
A written request can also create a clear record of the consumer’s instruction. Consumers should retain a copy of anything they send and evidence showing when it was delivered.
However, simply requesting that communications stop does not resolve every legal issue. A consumer who receives a lawsuit or other formal legal notice should not ignore it merely because they previously asked a collector to stop calling.
What Happens If the Debt Is Disputed?
A consumer who does not believe they owe a debt should take the dispute process seriously.
The CFPB explains that consumers can dispute a debt and request information about the original creditor. If the consumer continues to dispute the debt after receiving verification, the dispute should be communicated appropriately and documented.
Disputing a debt is different from simply refusing to pay it. A well-documented dispute can help establish that the consumer questioned the accuracy or validity of the collection claim.
Consumers should review the information provided by the collector carefully and preserve all related correspondence.
When Should You Contact an Attorney?
Legal advice may be useful when collection conduct becomes persistent, threatening, deceptive, or otherwise difficult to resolve.
A debt collection harassment attorney can review communications, account information, collection notices, call records, and other evidence to determine whether potentially actionable conduct occurred.
Legal assistance may be particularly relevant when:
- A collector repeatedly contacts you in a harassing manner.
- You receive threats of unlawful action.
- A collector misrepresents the amount or nature of a debt.
- You are contacted at prohibited or inconvenient times.
- A collector publicly reveals information about your debt.
- You dispute a debt but collection activity continues improperly.
- A collector contacts people in ways that may violate privacy protections.
- You receive a lawsuit or other formal legal document.
An attorney can also explain whether federal or state consumer-protection laws may apply to the specific situation.
Can Consumers Sue for Illegal Collection Practices?
Potentially, yes. The FDCPA provides a private right of action for certain violations, subject to statutory requirements and applicable limitations.
The statute allows qualifying consumers to seek certain forms of relief, including actual damages and additional statutory damages subject to the limits established by federal law. In appropriate cases, courts may also award costs and reasonable attorney’s fees.
However, not every unpleasant or aggressive collection interaction automatically results in a successful lawsuit. The facts, evidence, collector’s status, type of debt, applicable law, and timing of the conduct all matter.
Consumers considering legal action should have the circumstances reviewed rather than assuming that any collection call constitutes a violation.
What Evidence Can Strengthen a Claim?
A detailed record can make it easier to understand what occurred.
Useful evidence may include:
- Call logs
- Voicemails
- Letters and collection notices
- Emails
- Text messages
- Account statements
- Credit reports
- Written disputes
- Cease-communication requests
- Notes about conversations
Consumers should also preserve the original versions of electronic communications whenever possible. Avoid editing screenshots or deleting surrounding messages because context may become important.
Recording telephone conversations requires additional caution because recording laws vary by jurisdiction. Consumers should understand the applicable law before recording a conversation.
How Can Consumers Respond Strategically?
The best response depends on the circumstances.
First, determine whether the debt is actually yours and whether the amount appears accurate. Next, identify who is contacting you and preserve relevant documents. If the collection conduct appears unlawful, consider seeking legal advice before making statements that could complicate the situation.
Consumers should also be careful about paying a disputed debt solely because of an intimidating phone call. Payment decisions should be based on verified information and an understanding of the applicable legal and financial consequences.
If a lawsuit has already been filed, deadlines can be particularly important. Ignoring court papers can result in serious consequences even when the underlying debt is disputed.
Conclusion
Debt collection laws are designed to allow legitimate collection activity while placing boundaries on abusive, deceptive, and unfair conduct. The FDCPA prohibits covered debt collectors from using harassment, threats, deception, and other prohibited practices, while also establishing rules concerning communications with consumers. For consumers experiencing persistent or unlawful collection practices, consulting lawyers to sue harassing debt collectors can provide an opportunity to understand whether the conduct may support a legal claim and what evidence may be needed. A creditor harassment lawyer can also help evaluate communication records and explain potential remedies based on the facts. The most practical first step is to remain organized. Keep every relevant communication, document disputed debts, record important dates, and respond promptly to formal notices.
