Managing debt can be exasperating. Managing debt while enduring harassment from debt collectors can be overwhelming. So overwhelming, that laws have been put in place to protect debtors from treatment which rises to the level of harassment from creditors. Not all contact between a creditor or a debt collector acting on behalf of a creditor and a debtor is harassment. But you do have rights and legal options available to you when debt collection behaviors become harassment.
It’s important to know that you are not alone. Attorneys for debt collection harassment know the laws that protect debtors; they know how to advocate for debtors; they know how to get debt collectors to stop; and they know the avenues through which debt collectors can be held accountable. Perhaps most importantly, they know the harm debt collectors can do to your emotional and mental well-being, so they know how to protect you.
There are some clear, finite rules for determining when debt collection devolves into harassment. There are also factors that, depending on the circumstances, will cause some courts to consider certain patterns and behaviors harassment.
The Laws of Debt Collection
There are several laws, both federal and state, that protect people from debt collection harassment. While each state’s laws concerning debt collection harassment share similarities and basic rationales, there are some differences that your attorney will be able to identify and explain to you. Additionally, in the last few years, many states have passed privacy laws which may or may not be relevant. Again, a debt collection harassment attorney will know how to navigate these for you in your state.
The main federal law governing debt collection practices is the Fair Debt Collection Practices Act (the “FDCPA”). The FDCPA has some specific rules for debt collectors. Those rules include:
- Amount of Contact. The FDCPA prohibits debt collectors from calling you before 8 a.m. or after 9 p.m. unless you agree to it. Additionally, the Consumer Financial Protection Bureau (the “CFPB”) recently issued new rules to clarify and interpret some of the FDCPA’s rules. Under the CFPB’s new debt collection rules, debt collectors are prohibited from placing a call to you more than seven times within a seven-day period. They are also prohibited from calling you within seven days of having a conversation with you about your debt.
o Additionally, the Federal Communications Commission (the “FCC”) issued a new rule effective July 2023. With respect to debt collection, a debt collector’s pre-recorded calls to a consumer’s landline phone must not exceed three calls within a three-day period.
- Where to Contact. Debt collectors are prohibited from contacting you at work if you tell them not to. A debt collector may contact you online, but the communication must be private, the collector must identify themselves, and the debt collector must provide a method for you to stop receiving messages from them.
- Content of Contact. Debt collectors cannot use profane, demeaning, threatening, or abusive language. Debt collectors must not exaggerate or misrepresent the amount or status of the debt or suggest that they are anything other than debt collectors, i.e., they can’t suggest they are or have the authority of attorneys, government officials, or credit reporting agencies.
- Follow-up to Contact. Furthermore, after a debt collector first communicates with you, usually within five days, they are required to give you certain details about the debt. They can do that orally or via writing or electronically. That information should include the name of the debt collector, the name of the creditor, the account number, the amount of the debt, an itemized breakdown of the debt, and information about how you can dispute the debt.
- Who to Contact. Debt collectors can contact third parties to ask for your contact information or get your location. Debt collectors are prohibited from discussing your debt with others. Additionally, a debt collector cannot report your debt to a credit reporting company (TransUnion, Experian, and Equifax are the three major ones) unless they either speak to you in person about the debt or send you a letter or email about the debt and then wait 14 days to be sure you have received it.
- If you dispute the debt in writing within 30 days of the debt collector’s first contact, the debt collector must provide you with verification of the debt.
Some states’ laws are more rigorous that the FDCPA’s regulations. To learn the laws that apply in your state, you should consult with an attorney. Also, know that you can waive any of these restrictions if you give a debt collector the permission to do so; i.e. giving a debt collector permission to call you before 8 a.m.
Suing a Debt Collector
Generally, you can sue when a debt collector’s actions rise to the level of harassment. When do their actions rise to the level of harassment? Debt collection generally becomes harassment and then generally becomes actionable when debt collectors:
- Violate the FDCPA. Any time a debt collector violates any portion of the FDCPA, you can likely consider it harassment. That includes frequency of calls, timing of calls, language used in calls, contacting inappropriately via social media, contacting you at work, or failing to follow up with validation.
- Cause Actual Harm. If you have suffered emotional distress or loss of a job or if debt collectors transmit your debt collection status to a credit bureau prematurely, that is likely harassment.
- Otherwise Provoke. Sometimes debt collectors can act in a manner which technically complies with the rules of the FDCPA but somehow feels wrong. For example, if a debt collector calls you five times in one day and twice the next day, they are technically calling you no more than seven times over seven days, but somehow calling you five times in one day seems wrong. Also, if a debt collector says something to a debtor which, read on its own would be considered harmless but is particularly tailored and hurtful to you, that might be considered harassment.
It is important to keep records of every contact you have with a debt collector. This will include written documentation of the date and time and length of every communication, written documentation of the content and nature of every communication, and if possible, photos or screenshots of texts and phone calls. Save texts and voicemails.
Speaking with an attorney about the behaviors of the debt collector is the best strategy if you believe that you are the victim of harassment. Consumer Attorneys will be able to assess your situation and if the debt collector’s behavior could be considered the sort of harassment for which you can recover. They also understand what you are going through and will be your guide and advocate every step of the way. They also understand the importance of holding debt collectors accountable for those efforts and practices that cross the line.
