When Debt Collectors Harass You, They Have Broken The Law!
The Fair Debt Collection Practices Act is a law that protects people from over zealous debt collectors and unscrupulous debt collection practices.
Some common illegal practices by debt collectors are:
- Calls to you at work
- Calls to you at home at late hours.
- Threats to notify your employer or other parties that you owe the debt.
- Threats to sue you.
- Threats or abusive language
- Contact or calls with neighbors or family
Even If You Owe The Money, They Cannot Break The Law When Attempting To Collect The Debt.
The law protects you, regardless of whether or not you owe the debt. The law in essence states that when a debt collector crosses the line with you, they owe you money damages. You read that right;
they can actually end up owing you money.
You have 30 days from the receipt of the notice to dispute the validity of the debt, or any portion thereof, in writing, or the debt collector may assume the validity of the debt. If a consumer properly disputes the debt within the 30-day period, the collector must obtain verification of the debt and mail it to the consumer. Additionally, within the 30-day period, the debt collector must provide the consumer with the name and address of the original creditor, if different from the current creditor. Failure to send this notice in a timely manner can result in a violation of the Act and subject the collector to sanctions.
Certain types of abusive conduct are prohibited and regulated by the Act:
1. Communicating with the consumer in connection with collection of any debt at any unusual time or place. In the absence of knowledge of circumstances to the contrary, a creditor shall assume that a convenient time for communicating with a consumer is after 8:00 a.m. and before 9:00 p.m. You should not be receiving phone calls at midnight from your credit card Company, or "King-Kong Collection Agency."
2. Contacting the consumer when the consumer is represented by an attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector, or unless the attorney first consents to direct communication with the consumer. Basically, if you have turned the problem over to your attorney, you should not be receiving phone calls from the collection agency.
3. Contacting a debtor at work after the collector has been advised not to phone the debtor at his or her place of employment. Once a consumer notifies a collector not to call them at work, further calls are prohibited.
4. Advising third parties (friends, relatives, employers) of the consumer's debt. A collection agency should not be defaming a consumer to third parties.
5. Harassing, oppressive, or abusive behavior. This is a broad category, and subject to broad interpretation.
6. Threatening criminal acts or violence. If a collector threatens to perform "impromptu dental surgery," rest assured that he is in violation of the Act.
7. Using profanity, obscenities, and/or abusive language.
8. Placing continuous phone calls intended to harass, annoy or abuse the consumer. At least one court has held that a collector immediately calling the debtor after debtor hung up the phone, constituted harassment.
9. Failure to identify oneself as a debt collector. Collectors may use an Adesk name@ to protect themselves individually, but they must disclose the name of their employer and the nature of the business.
10. Making deceptive, false or misleading misrepresentations. For example, mass-produced collection letters not reviewed by an attorney prior to mailing are considered false and deceptive.
11. Implying or stating that the collector is affiliated or connected with the government; falsely representing the character, amount or legal status of the debt. For instance, a collector cannot falsely represent himself as an IRS agent to frighten the consumer into paying the debt. (Please note that if it is IRS debt, it is probably not a consumer debt and not protected by the Act.)
12. Falsely implying the communication comes from an attorney or that a person is an attorney.
13. Threatening to send out false credit information.
14. Using language or symbols on envelopes that indicate that it is from a collection agency. (This includes sending postcards.)
If your life has been made more difficult by bill collectors utilizing unfair practices, keep in mind that you have rights that protect you from abusive or harassing collection behavior. Not only should you be able to stop some of the behaviors outlined above, but you may also be able to collect money damages from the collector for willful and repeated violations. The federal act allows for a recovery of $1,000 or actual damages and the state act allows for a $500 recovery or actual damages. Plaintiffs of successful lawsuits are often entitled to recover costs and reasonable attorneys= fees. In some circumstances, punitive damages are also recoverable.
Please use our free letters and forms below for help: (CLICK INTO WANTED ITEM)
Stop a Debt Collector from Calling You
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FREE Sample Letter to Stop Debt Collection Calls
Just left click copy & paste onto your pc docs.
Today's Date
Your Name
Your Address
Collector's Name
Collector's Address
Mr. /Ms. Collector,
I am writing in response to your constant phone calls!
According to the Fair Debt Collection Practices Act, [15 USC 1692c] Section 805(c): CEASING COMMUNICATION: You must cease all communication with me after being notified in writing that I no longer wish to communicate with you. Therefore, I demand that you stop calling me at home, at work, on my cell phone or at any other location!
In accordance with the federal FDCPA, now that you have received this "stop calling" letter, you may only contact me to inform me that you:
- are terminating further collection efforts;
- invoking specified remedies which are ordinarily invoked by you or your company; or
- Intend to invoke a specified remedy.
Be advised that I am well aware of my rights! For instance, I know that any future contact by you or your company violates the FDCPA and that since you already have my location information, calls made by you or your company to any 3rd party concerning me violates section 805(b) 2 of the FDCPA.
Be advised that I am keeping accurate records of all correspondence from you and your company, including tape recording all phone calls. If you continue calling me I will pursue all available legal actions to stop you from harassing me and my family.
Signature
Your Printed Name
FREE Sample Letter Stops Debt Collection to 3rd Party Calls
Today's Date
Your Name
Your Address
Collector's Name
Collector's Address
Mr. /Ms. Collector,
I am writing in response to your constant phone calls that are in violation of the Fair Debt Collection Practices Act, specifically:
804(3) - Acquisition of Location Information (15 USC 1692b): Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information.
806(5) - Harassment or Abuse (15 USC 1692d): A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. The following conduct is a violation of this section; "Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number."
I have informed you on several occasions that the consumer you are trying to contact does not live at my address, is not associated with my phone number and that I have no additional location information to provide you. Therefore, in accordance with section 804(3), I demand that you stop calling me at home, at work, on my cell phone or at any other location!
Be advised that I am keeping accurate records of all correspondence from you and your company, including tape recording all phone calls. If you continue calling me, I will consider your actions in violation of section 806(5) and pursue all available legal actions to stop you from harassing my family and me.
Signature
Your Printed Name
Free Sample Debt Settlement Offer Letter
Today's Date
Your Name
Home Address
Phone Number
Attention: {name of collector or collection agency}
address
RE: Collection letter dated {date of letter here} or phone call on {date of call here} reference account #: {account or reference number}
Dear Mr. /Ms. {Collector's or Collection Agency's Name}
I do not agree that I owe as much as you claim I owe on the above referenced account. In an effort to save both of us a great deal of time and expense I am offering to settle this account for $ _______.
If you accept my offer, please send written confirmation to my address listed above. Once I receive your written confirmation, I will mail payment to your organization within five business days. If you wish to discuss this settlement offer, I can be reached at (insert daytime phone number with area code). However, please understand that I will not make any payment until receiving written confirmation that you accept my offer.
Sincerely,
Signature
Your Printed Name
Free Sample Debt Payment Agreement Letter
Today's Date
Your Name
Your Address
Attention: {name of collector}
Name of Debt Collection Agency
Address
RE: Your {letter dated} or {phone call on date} reference account #: {place account or reference number here}
Dear Mr. /Ms. {Collector's Name}
According to my records and your {phone call or letter} the balance of this debt is $_____. I am not disputing this debt however; my current financial situation prohibits me from paying the amount you're demanding. I am able to make payments on this account every {insert date of month} to your company in the amount of $ _________.
I would appreciate a call from you confirming your acceptance of my payment terms. However, if I do not hear from you, I will consider your cashing or depositing my check as confirmation that you accept my payment terms. If you do not accept my terms then I expect the enclosed payment to be returned to me immediately in the enclosed self-addressed stamped envelop.
As a show of good faith I've enclosed my first payment in the amount of $________. If my financial situation improves enough for me to increase my payment amount I will contact you immediately. Thank you for understanding.
Sincerely,
Signature
Your Printed Name
IMPORTANT: Always send stop calling letters by "official mail - return receipt requested" and keep a copy for your records.
FOR FURTHER ASSISTANCE CALL TODAY
610-437-2960 or 1-877-225-9810.
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