What is Debt Collector Harassment ?

Debt collection or debt collector harassment is when a creditor employs tactics to recover a debt that is against your rights as a consumer.

The Fair Debt Collection Practices Act (FDCPA) says debt collectors cannot harass, oppress, or abuse you or anyone else they contact.

Some examples of harassment are:

  • Repetitious phone calls that are intended to annoy, abuse, or harass you or any person answering the phone
  • Obscene or profane language
  • Threats of violence or harm
  • Publishing lists of people who refuse to pay their debts (this does not include reporting information to a credit reporting company)
  • Calling you without telling you who they are

Tip: If you believe a debt collector is harassing you, you can submit a complaint to the Consumer Financial Protection Bureau (CFPB) online or by calling (855) 411-CFPB (2372). You can also contact your state’s Attorney General.

You can also sue the debt collector for violations of the FDCPA.  If you sue under the FDCPA and win, the debt collector must generally pay your attorney’s fees and may also have to pay you damages.

The FDCPA also states debt collectors cannot use false, deceptive, or misleading practices.  This includes misrepresentations about the debt, including:

  • The amount owed
  • That the person is an attorney
  • False threats to have you arrested
  • Other threats to do things that cannot legally be done
  • Threats to do things that the debt collector has no intention of doing

Tip: Keep good records of your communications with a debt collector.

Tip: The CFPB has prepared sample letters that you can use to respond to a debt collector who is trying to collect a debt along with tips on how to use them. The sample letters may help you to get information, set ground rules about any further communication, or protect some of your rights.

RELATED DEBT COLLECTION HARASSMENT QUESTIONS

  • Are there laws that limit what debt collectors can say or do?
  • Can a debt collector try to deceive me to collect on a debt?
  • What constitutes an “unfair” practice by a debt collector?

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