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If you have debts that are in collection, you’re probably all too familiar with the different methods that creditors and collectors will use to get in touch with you. But when does their contact cross the line and become harassment? And what can you do if you’re being harassed?
When Does Creditor Contact Become Harassment?
Creditors have the right to try to collect the debts owed to them, but they must do so within the bounds of the law. The Fair Debt Collection Practices Act (FDCPA) was created to protect consumers from abusive and unethical collection practices.
Under the FDCPA, debt collectors are prohibited from using any form of harassment, abuse, or unfair methods to collect on debt.
Some common examples of harassment include:
- Frequent or repeated phone calls: If a debt collector calls you multiple times a day or at unreasonable hours (such as before 8 a.m. or after 9 p.m.), this is considered harassment. The same goes for robocalls. “For a company to initiate any robocall to any residential telephone line, they must first have ‘prior express consent,’ unless the call is placed for emergency purposes,” attorney Jibrael S. Hindi explains.
- Verbal abuse or threats: Debt collectors cannot use profanity, make threats, or yell at you over the phone. Threatening violence, arrest, or lawsuits without legal basis is illegal.
- Contacting your employer: While debt collectors can call your workplace to verify your employment, they cannot discuss your debt with your employer or coworkers. If they do, this is a violation of your rights.
- False or misleading statements: Debt collectors are not allowed to lie about the amount you owe, pretend to be government agents, or falsely claim that you’ll be arrested if you don’t pay.
- Contacting third parties: A debt collector can only contact third parties, such as friends or family members, to get your contact information. They are not allowed to discuss your debt with anyone other than you, your spouse, or your attorney.
If a debt collector engages in any of these behaviors, it crosses the line into harassment. Knowing your rights under the FDCPA is the first step toward stopping creditor harassment.
How to Stop Creditor Harassment
If you’re being harassed by creditors, there are several actions you can take to protect yourself and put an end to the harassment. Here are the steps you should consider:
- Keep Records of All Communication
One of the first things you should do when dealing with creditor harassment is to keep detailed records of all communications. Write down the date, time, and nature of every phone call, message, or letter you receive from a debt collector. If the creditor threatens you or uses abusive language, make note of exactly what was said.
In addition to keeping a log of communications, save copies of any letters, emails, or voicemails that you receive. These records can be essential if you decide to file a formal complaint or pursue legal action against the debt collector.
- Request Debt Verification
If you’re not sure the debt being collected is legitimate or you want to confirm the details, you have the right to request debt verification from the collector. Under the FDCPA, when you’re contacted by a debt collector, you can request written verification of the debt within 30 days of their initial contact.
Once you request debt verification, the creditor must provide proof that you owe the debt, including details like the amount owed, the name of the creditor, and the date the debt was incurred. Until they provide this verification, they must stop all collection activities. This gives you time to review the legitimacy of the debt and confirm whether it’s yours.
- Send a Cease and Desist Letter
If you want to stop a debt collector from contacting you entirely, you can send a cease and desist letter. This is a formal request for the creditor to stop all communication with you regarding the debt. Once they receive this letter, they are legally required to stop contacting you, with the exception of sending a final notice stating their intent to take legal action or that they will no longer be pursuing the debt.
In the cease and desist letter, be clear and concise. State that you want the debt collector to cease all communication with you moving forward. Send the letter via certified mail with a return receipt so you have proof that they received it.
- File a Complaint
If a debt collector continues to harass you or violates the FDCPA, you can file a formal complaint with the Consumer Financial Protection Bureau (CFPB). The CFPB is a government agency that oversees financial institutions and ensures that they follow fair practices. You can file a complaint online, and the CFPB will investigate the matter.
You can also file a complaint with your state attorney general or the Federal Trade Commission (FTC), which enforces consumer protection laws. These agencies can take action against debt collectors who break the law.
- Hire an Attorney
If creditor harassment continues despite your efforts, or you’re facing legal threats from the debt collector, it may be time to consult with a consumer rights attorney. An attorney can help you understand your rights and advise you on the best course of action. In some cases, you may be able to sue the debt collector for damages related to harassment, especially if they violated the FDCPA.
Many attorneys who specialize in debt collection cases offer free consultations, so you can explore your options without committing to upfront legal fees.
Putting it All Together
Even if you owe someone money, you have rights as an American consumer. This includes protection from harassment, threats, and abuse. By sticking up for your rights, you can keep harassment to a minimum and enjoy your freedoms.