|
 |
|
|
How to Stop Debt Collector Harassment
Federal and state laws protect you from harassment by unscrupulous debt collectors.
Americans currently owe $917 billion on revolving credit lines and $69 billion of it is past due, according to recent Federal Reserve statistics.1 This means great business for debt collector agencies whose business focuses on trying to make debtors pay what they owe. Collectors then get a commission on the recovered payment.
Most creditor collection agencies collect debts for a fee or percentage of the total amount owed. Others purchase the debt from the creditor for a fraction of the value of the debt and then pursue the debtor for the full balance, many times including “interest,” “penalties” and “collection fees” in the balance owed.
With an increased volume of debtors out there, debt collector aggressive conduct has increasingly become more reprehensible. Reports of collectors harassing the debtors at all hours of the day and even calling neighbors, family members, friends and employer are common. Some collection agents have even been caught on tape threatening the debtor with jail time and public embarrassment, sending “someone” over to their home, and even insulting them if they don’t pay. This behavior has caused undue stress, posed severe health risks and has even driven some debtors to suicide.2
What many debtors don’t know is that they can rely on the Fair Debt Collection Practices Act (FDCPA) to protect them from harassing collectors. Violating the FDCPA (and any other applicable state or federal laws) can result in large fines against the collection agency, sometimes even criminal proceedings in extreme cases. Debtors and “any person” (consumer or business) who has been harassed by a collector may even file suit against collection agencies for specific violations addressed by the law and may be awarded monetary damages.
Among other things, the FDCPA says that a collector must stop calling if the debtor sends a “cease and desist” letter to the collector agency or simply asks the collector to stop calling and communicate by mail, instead. The collector is also prohibited from using deceptive practices (e.g., threatening the debtor with arrest, impersonating an officer, or tricking the debtor into making a payment.) In addition, the collector cannot use foul language and must inform the debtor of their name and the name of the collection company when requested.
The collector must also validate the debt upon request. The debtor must submit this request within thirty days of the debtor’s first receipt of a collector’s communication.
Even though the FDCPA was primarily enacted to protect consumers from collector harassment, the law may also protect “any person,” including business owners. Many collectors tell business owners that the federal law does not apply to protect them because they are businesses and not individuals. This is not accurate.
In addition, state laws following the policies of the FDCPA and laws regulating unfair trade may also offer protection from abusive collection practices.
• To reduce the stress of collectors’ calls, you may do the following:
• Keep records of all the collector’s communications (including voicemails).
• Record the collector’s name and agency.
• Ask them if they have purchased the debt, or are simply a collection agent.
• Ask the collector to validate the debt.
• Ask the collector to communicate with you only in writing by US mail and to “cease and desist” from calling you anywhere.
• Tell them you have the right to request the above under the FDCPA laws.
|
 |
|
|
|
 |
|