If you have debts that are in collections, then you know what it’s like to feel stressed out and uneasy. And while companies certainly have a right to seek out payment they’re owed, there comes a point where their actions cross the line.
5 Signs You’re Being Harassed
Having rights as a consumer to not be harassed by companies probably sounds like it should be a given in the United States. However, it wasn’t until the government stepped in during the 1960s to extend these rights to Americans.
Protection started with the Consumer Credit Protection Act of 1968, which was intended to give consumers some shade from the abuse many creditors and collections agencies used to get paid. But it wasn’t until 2008 – after the heat of the recession – that the Consumer Financial Protection Bureau was formed.
Fast forward to today and there are numerous laws and regulations on the books to protect consumers – particularly when it comes to how debt collectors can interact with individuals.
While it would require a long dissertation to explain all of these acts and regulations, here are five signs that you’re probably being harassed.
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Frequent Calls at Unreasonable Hours
One of the most common signs of harassment is receiving frequent calls at unreasonable hours. Debt collectors are allowed to contact you, but they must follow certain rules about when they can call. According to the Fair Debt Collection Practices Act (FDCPA), they can only call between 8am and 9pm local time. If you’re getting calls outside of these hours, it’s a clear sign of harassment.
What to Do: Keep a record of the calls, including the time and date. Inform the collector that they are violating the FDCPA by calling at inappropriate times. If the calls continue, report them to the Consumer Financial Protection Bureau (CFPB) and your state’s Attorney General’s office.
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Calling You at Work (After Being Told Not To)
Debt collectors are allowed to contact you at work, but if you inform them that you’re not allowed to receive personal calls at your job, they must stop. Continuing to call you at work after you’ve made this clear is another sign of harassment.
What to Do: Tell the debt collector that your employer does not permit you to receive such calls. Follow this verbal communication with a written letter sent via certified mail, keeping a copy for your records. If the calls continue, report the behavior to the CFPB and your state’s Attorney General.
“If any company has contacted you without your consent or you have revoked your consent by telling them to stop calling you, there is a chance that you could receive between $500 and $1,500 per call,” attorney Jibrael S. Hindi explains.
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Threats of Violence or Harm
Another serious sign of harassment is if the debt collector threatens you with violence or harm. This behavior is not only unethical but also illegal. No debt collector has the right to intimidate you with threats of physical harm.
What to Do: Document any threats you receive. If you feel unsafe, contact local law enforcement immediately. Report the threats to the CFPB and your state’s Attorney General. You might also want to consult with an attorney who specializes in debt collection harassment.
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Use of Abusive or Profane Language
Debt collectors must treat you with respect and should never use abusive or profane language. If a collector is swearing at you, calling you names, or using language meant to demean or scare you, this is also a form of harassment.
What to Do: Again, documentation is key. Record the conversation if it’s legal in your state (you can check your state’s recording laws online). Report this behavior to the CFPB and your state’s Attorney General. You can also send a written complaint to the debt collection agency, demanding they cease such behavior.
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Misrepresentation of the Debt
Debt collectors must be honest about who they are and the amount you owe. If they lie about the amount of debt, claim to be someone they’re not (like a government official), or threaten actions they can’t legally take (like arresting you), this is harassment and deception.
What to Do: Keep records of any false statements or misrepresentations. Dispute the debt in writing within 30 days if you believe the amount is incorrect. Reporting these actions to the CFPB and your state’s Attorney General is crucial. You might also want to consult with an attorney for additional guidance.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) provides you with several protections against harassment:
- Right to Request Validation: You can request written verification of the debt, which the collector must provide.
- Right to Cease Communication: You can request in writing that the collector stop contacting you. Once they receive your letter, they can only contact you to confirm they won’t contact you again or to notify you of a specific action, such as filing a lawsuit.
- Right to Dispute the Debt: If you believe the debt is incorrect, you can dispute it in writing. The collector must stop collection efforts until they provide verification of the debt.
Know Your Rights
At the end of the day, you have rights (and they should be protected). By understanding what these rights are – and by connecting with a lawyer who knows how to handle harassment – you can regain your freedom and confidence. Be firm and take action now.