Published 12:09 IST, August 19th 2023
FDCPA was introduced in 1692 to prohibit credit agencies from harassing debtors. Under this, if a debt collection agency violates the law legal action is taken
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In 2019, there were 2,904 FDCPA lawsuits filed for harassment by debt collectors. Debt collector harassment violates the rights afforded to consumers by the federal Fair Debt Collection Practices Act (FDCPA). The FDCPA was introduced in 1692 to prohibit credit agencies from harassing debtors.
Under the FDCPA, if a debt collection agency violates the law, you can take legal action against them for debt harassment. If you desire to take legal action against MCM Collections, speak with an experienced debt collector harassment law professional right away.
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Debt Collector Harassment
Harassment by a debt collector can come in many different forms. Harassment may include unreasonable communications through one or multiple channels. These connection attempts are intended to annoy and abuse debtors. Harassment is illegal according to federal law.
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Debt Collector Abuse
Under the FDCPA, debt collection agencies can’t legally abuse you. If a debt collector threatens to hurt you physically or attempts to ruin your reputation, they’re breaking the law. A debt collector must also refrain from swearing at you or using profane language when attempting to carry our collections.
Some debt collectors call consumers nonstop as a tactic to pressure them into paying. The FDCPA legally prohibits repeated calling. However, since these laws don’t specify the number of times a debt collector can call before they’ve broken the law, consider working with an attorney that understands the intricacies of the FDCPA. It’s also illegal for a debt collector to contact you at your workplace once you’ve informed them not to contact you on your job.
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Types of Harassment by Debt Collectors
Debt collectors violate the FDCPA whenever they attempt to harass, oppress, or abuse you. It’s considered harassment when debt collectors:
Make repetitive phone calls or use electronic communications
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Use obscene or profane language
Threaten violence or harm
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Publish lists of people who refuse to pay their debts
Call you without telling you who they are
Use false, deceptive, or misleading practices
False, deceiving, and misleading misrepresentations about debt often include:
The amount owed on the debt
Pretending to be a legal attorney
False threats to have you arrested
Threats to do things that violate your rights
Threats to do something that the debt collector has no intention of doing
Taking Legal Action Against Debt Collectors
If you think a debt collector has violated the FDCPA, you can sue them for damages. Once you prove a violation has occurred, you can be awarded financial damages for any harm they’ve caused. Debt collectors can also be found liable for your legal fees.
FDCPA Violations and Statutes
Debt collector lawsuits for FDCPA violations must be filed within one year of the harassment. If you file a case for a breach of state collection law, some states will extend that deadline. Speak with a FDCPA lawyer right away about your legal options before it’s too late.
Keep Contact Records
If you’re being repeatedly contacted by a debt collector, keep a record of any communications they’ve sent you. Jot down dates and times of conversations, and notes about what you’ve discussed. These records can help you in court when you decide to take legal action. It’s important to be mindful of what you say to a debt collector because they also will:
Keep records
Track any information you provide, like personal information
Incriminate you when you apologize or admit to owing the debt
Use your statements against you in settlement and court proceedings
When you believe a debt collector has violated your rights, submit a complaint to the CFPB.
Collecting Financial Compensation for Debt Harassment
The FDCPA allows debtors to sue debt collection agencies once a debt collector has violated the law. Victims can recover up to $1,000 in statutory damages, court costs, and attorney fees. When a debt collector has hounded you, call an FDCPA law specialist for a no-obligation case evaluation.
12:09 IST, August 19th 2023