What Constitutes Credit Card Debt Collectors’ Harassment?
With the unemployment rate at over 10%, an increasing number of Americans are faced with mounting credit card debt and little means to pay that debt. As a result, more people are falling behind in their payments, and creditors are becoming increasing aggressive in their collection efforts. Many times – more often that you’d think – aggressive debt collection tactics cross the line into illegal credit card debt collectors’ harassment.
Unfortunately, most consumers don’t realize that many tactics employed by debt collectors are illegal. The Fair Debt Collection Practices Act (FDCPA) is designed to protect consumers from credit card debt collectors’ harassment. In fact, the FDCPA specifically says that debt collectors can’t engage in certain behaviors. Here is a roundup of the tactics that the FDCPA prohibits.
Collection Calls
While a debt collection agency has the right to call you, they can’t do so to the point of harassment. For example, they can’t call late at night or early in the morning, and they can’t call you at work. Although the law doesn’t specify exactly how many calls constitute harassment, if a collector is calling more than two or three times a week, it’s probably illegal. Keep in mind that, if you notify the debt collector in writing that you don’t wish to be contacted, they must stop. Similarly, if you are represented by an attorney, a debt collector must stop contacting you directly; all contact must be through your attorney.
Verbal Abuse
The Fair Debt Collection Practices Act prohibits repeated, harassing calls, but it also says that the calls can’t be abusive. In other words, it’s illegal if the debt collector uses profanity. In addition, it’s against the law for a debt collector to threaten you. He can’t say, for example, that the agency will take your home, take your car, get a warrant for your arrest, or garnish your wages. For your home or car to be at risk, you would have needed to put them up as collateral. Most credit cards are unsecured, which means that your home or car can’t be taken to pay back debt. Similarly, the only way a debt collection agency can garnish your wages is to take you to court, get a favorable ruling, and then implement the judgment.
Know Your Rights
Most debt collectors count on you not knowing your rights, and not knowing about the Fair Debt Collection Practices Act. If you’re facing credit card debt collectors’ harassment, your best bet is to engage the services of a fair debt attorney. Most fair debt attorneys won’t charge you a dime, because the FDCPA says that unethical debt collectors have to pay your attorney’s fees. Once you have an attorney, the harassment will stop – and you may even be able to collect damages from the debt collector who crossed the line.
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