Debt collectors run the spectrum of those who typically follow the law to a T, to those who don’t care about the law at all and want to force/trick you into paying. Fortunately, the Fair Debt Collection Practices Act (FDCPA) provides protection for consumers against abusive, deceptive, and unfair debt collection practices. Understanding your rights under the FDCPA and knowing how to respond can help you handle debt collector harassment effectively.
Understanding the FDCPA
The FDCPA, enacted in 1977, regulates the behavior of third-party debt collectors. It aims to prevent abusive practices in the collection of consumer debts and provides a framework for consumers to dispute and validate debt information. Here are some key protections under the FDCPA:
- Communication Restrictions: Debt collectors can only contact you between 8 a.m. and 9 p.m. They are prohibited from calling you at work if you inform them that your employer disapproves.
- Harassment and Abuse Prohibited: Debt collectors cannot use threats, obscene language, or repeatedly call you with the intent to annoy or harass.
- False Statements Forbidden: Debt collectors must provide accurate information about your debt and cannot misrepresent the amount owed, falsely claim legal action, or mislead you about their identity.
- Written Notice Requirement: Within five days of initial contact, a debt collector must send you a written notice detailing the amount owed, the creditor’s name, and your right to dispute the debt.
What to do if a Debt Collector Is Harassing You
1. Document Everything
Keep detailed records of all communications with the debt collector. Note the dates and times of calls, the names of the representatives you speak with, and the nature of the conversations. Save any voicemails, letters, or emails you receive. This documentation can be crucial if you need to file a complaint or take legal action.
2. Request Written Communication Only
You have the right to request that a debt collector stop contacting you. Send a written letter to the collector requesting that all further communication be in writing. After receiving your letter, the collector can only contact you to confirm they received your request and to inform you of any specific actions they plan to take, such as filing a lawsuit.
3. Dispute the Debt
If you believe the debt is incorrect or not yours, you have the right to dispute it. Within 30 days of receiving the written notice from the debt collector, send a written dispute letter requesting validation of the debt. The collector must cease collection activities until they provide verification of the debt.
4. Report Violations
If a debt collector violates the FDCPA, report them to the Consumer Financial Protection Bureau (CFPB) and your state’s attorney general’s office. You can also file a complaint with the Federal Trade Commission (FTC). These agencies can investigate and take action against abusive debt collectors.
5. Seek Legal Help
If harassment continues, consider consulting with a consumer rights attorney. You may be entitled to sue the debt collector for violations of the FDCPA. Successful lawsuits can result in damages (for every single instance) and compensation for attorney fees and court costs.
6. Know Your Rights
Educate yourself about your rights under the FDCPA. The more informed you are, the better equipped you will be to handle interactions with debt collectors. Many consumer protection organizations and legal aid services offer resources and assistance to help you understand your rights.
Dealing with debt collector harassment can be overwhelming, but the FDCPA provides pretty strong protections to help you manage the situation. By documenting interactions, requesting written communication, disputing questionable debts, and reporting violations, you can assert your rights and (hopefully) reduce harassment. The good news is if you have documented proof of harassment, you’ll likely be able to find a lawyer willing to take the case on contingency.