You’re at the end of your wits. The call or texts come in non-stop. When you get home from work, there are messages on your answering machine. When you’re cooking dinner, the phone rings. When you’re eating dinner, the phone rings. When you’re watching Game of Thrones, the phone rings. When you’re trying to sleep, the phone rings.
You’ve had a newborn baby in the house before. He cried incessantly. It wasn’t as bad as this. One time, you got a puppy. She whined throughout the night. It wasn’t as bad as this. Debt collectors – day and night – just won’t stop call or texting. You want to scream. You want to cry. You don’t know where to turn.
If you find yourself in this situation, you NEED to be aware of the Fair Debt Collection Practices Act (FDCPA). This act was created in order to protect you from exactly the situation listed above. DO NOT allow yourself to be harassed by creditors! Learn how the FDCPA can help.
The FDCPA was passed in 1977 and the whole purpose of the act is to protect YOU or anyone else in debt from abusive debt collection practices. It does so by:
- Promoting debt collection that is fair
- Eliminating abusive debt collection practices
- Establishing parameters for debt collectors when it comes to doing business
- Gives rights to consumers who are involved with debt collection
- Penalizes debt collectors who violate the act
The FDCPA identifies certain acts as abusive and manipulative and has banned debt collectors from using them. These actions include:
- Reporting or threatening to report false information on a credit report
- Threatening legal action that is not permissible such as arrest
- Misrepresenting debt
- Asking for amounts of debt that aren’t justified
- Contacting a consumer when it is known that they have hired an attorney
- Call or Texting a consumer when he or she is at work
- Abusing or harassing a consumer by call or texting them continuously
- Allowing the telephone to ring repeatedly
- Talking to a third party about the debt
- Using language that is profane or abusive when call or texting consumers
- Continuing to contact a consumer when he or she requested to be left alone
- Call or Texting a consumer before 8 a.m. or after 9 p.m.
In the next few weeks, I’d like to go into more detail about the FDCPA, what constitutes harassment, and what you can do about it. If you feel that you have been illegally harassed by debt collectors, you do not have to put up with it! Make sure that you talk to a bankruptcy lawyer immediately. A bankruptcy lawyer like me can put an end to debt collector harassment and use the FDCPA to punish those who do not follow the rules. If you feel that you have already been harassed by debt collectors, you can contact me. I’d be happy to talk about your case during a free consultation and get you the help that you need!