Debt Collector Harassment

Studies show that nearly one in three people have been contacted by a debt collector within the last year. Many of these people were contacted multiple times per week. Many times, the debt collector continued to call after being told to stop. In some cases, the collector was trying to collect the wrong amount or hounding the wrong person.

If you’re being harassed by a debt collector, the best way to stop it is to know and enforce your rights under the Fair Debt Collection Practices Act. The FDCPA is a powerful federal law that regulates what debt collectors can and can't do. Here's what you need to know about how the FDCPA protects you from debt collection harassment:

THE FDCPA APPLIES TO "DEBT COLLECTORS" COLLECTING "CONSUMER DEBTS"

The FDCPA only covers a debt collector who is collecting a debt for someone else. It doesn’t apply to a creditor collecting its own debts. So if you are getting collection calls from a bank or credit card company that is collecting its own debts, the FDCPA doesn't apply. But the FDCPA does apply to collection agencies, debt buyers, and law firms who are collecting debts for someone else.

In addition, the FDCPA only applies when the debt being collected is a consumer debt. This is a debt used for personal, family, or household purposes. If the debt was incurred for a business, the FDCPA doesn't apply.

THE FDCPA PROTECTS YOU EVEN IF YOU OWE THE DEBT

It doesn't matter if you owe the debt, the collector still must follow the FDCPA. The law recognizes that you shouldn't be subjected to collection harassment and abuse just because you owe someone money. The FDCPA also protects people who are being wrongfully pursued for debts that they don't owe.

ANY CONDUCT THAT IS UNFAIR, UNTRUE, OR HARASSING IS PROHIBITED

In general, any collection conduct that is harassing or abusive, false or misleading, or unfair is a violation of the FDCPA. This is extremely broad and potentially covers a wide range of collection tactics. The FDCPA itself and various court decisions have established that the following specific conduct is illegal:

This isn't an exhaustive list. If you think a collector's conduct might be illegal, you should talk to a consumer lawyer to determine whether the FDCPA has been violated.

HOW TO USE THE FDCPA TO STOP COLLECTION HARASSMENT

The FDCPA gives consumers the power to sue a debt collector that violates the law. It's a great way to stop collection harassment cold and to hold the debt collector accountable for its illegal conduct. Under the FDCPA, a successful claim gets you:

  • Up to $1,000 in statutory damages (even if you've suffered no monetary loss);

  • Provable actual damages (including for emotional distress);

  • Your attorney fees and court costs must be paid by the collector

Most consumer lawyers, including Friedman Murray, handle FDCPA lawsuits on a contingency fee. This means that you don't pay us any fees unless we recover money for you and those fees come from the collector's pocket, not yours. Congress wrote the FDCPA this way to incentivize people to enforce the FDCPA and help the government regulate debt collectors and ensure compliance with the law.

 

Ready to talk to a lawyer about stopping debt harassment?
Schedule a free consult with FDCPA attorney Todd Murray.

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Todd has been suing harassing debt collectors since 2009. He has recovered hundreds of thousands of dollars for his clients and has held the debt collection industry accountable when it resorts to illegal collection tactics. Todd’s clients have described him as “very professional and easy to work with.” He lives in Minneapolis with his wife and four children.

 

Learn more about your rights under the FDCPA