FDCPA Harassment

If you are being harassed by a creditor, they may be in violation of the Fair Debt Collection Practices Act (FDCPA). If you are a victim of FDCPA harassment, you can sue the collector for damages, even if you haven't lost any money. There are a lot of things that are commonly done by some collectors that are considered FDCPA harassment.

Creditors that use practices considered FDCPA harassment do so to try to get you to pay. Some of the things creditors do that are not legal according to the FDCPA can cause a lot of problems for consumers who don't realize that what the creditor is doing is FDCPA harassment. It is FDCPA harassment, for example, if the collector doesn't tell you their name when they call, tells someone else about your debt, calls anyone more than once, contacts anyone after knowing you have a lawyer, calls you before 8 a.m. or after 9 p.m. your time, calls you at work if you tell them not to, or contacts you after you tell them in writing to stop contacting you.

Some debt collectors take FDCPA harassment to another level by calling you repeatedly, using profanity, threatening you, or trying to collect more money than you owe.

If you want to stop getting calls or letters from debt collectors, you need to tell them not to contact you anymore, and send them a certified letter requesting that they stop contacting you. Keep a copy of this letter for your records. By using certified mail you will have proof of your request, and should they contact you again you have a case for FDCPA harassment.

When debt collectors call you they are looking for information. You are not required to tell them anything, and anything you tell them can be used by them to help collect the debt. The best thing to do is refuse to talk to them, as you do not want to give them any information. Even giving them a partial payment over the phone can be to your disadvantage as it may legally extend the time they have to collect on the debt and also gives them information on where you have your bank account. Remember, it is FDCPA harassment for them to continue calling or otherwise contacting you or anyone you know about your debt if you request them to cease communication in writing.