Preventing Debt Collection Harassment in the New Year

For consumer protection advocates, stopping debt collectors from calling at unreasonable times or making fraudulent claims to debtors is vital work. Given that it is a new year, a recent article posted by the Federal Trade Commission emphasizes that now is as good a time as ever to make sure that consumers know their rights when it comes to stopping calls from debt collection companies. At the Emerson Law Firm, we are committed to helping residents of the Chicago area who have been treated unfairly by debt collectors.
It is important to remember that the Fair Debt Collection Practices Act (FDCPA) specifies what kinds of behaviors are prohibited when it comes to debt collection. If you think your rights may have been violated, you should speak with a dedicated Oak Park consumer protection attorney.
When a Debt Collector Can and Cannot Call You
If you owe money to creditors and are late on your bills, you may be expecting to receive calls from debt collectors. In particular, if you are late by several months or more on payments, your original creditors may have sold your debt to a third-party debt buyer. As we know from previous allegations and settlements, many debt collection companies have violated the tenets of the FDCPA in attempting to recoup money owed by consumers.
While a debt collector may have a legitimate reason to call you, that debt collector cannot call you at anytime or anyplace simply because you owe money. As the article points out, “the law says how and when they can do that.” For instance, debt collectors are prohibited from calling at particularly early or late hours, and if you are not permitted to receive telephone calls at work, collectors cannot call you there. In addition, debt collectors can never harass you, threaten you, or lie to you in an attempt to collect money you owe. Moreover, if you send a written letter to a debt collection company asking them to stop contacting you, then they must stop calling.
Practices Prohibited by the FDCPA
These are just a few examples of what debt collectors can and cannot do. But what, specifically, does the FDCPA prohibit? According to the text of the FDCPA, debt collectors generally cannot do any of the following:
  • Call debtors at “any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer,” which generally means before 8:00 a.m. and after 9:00 p.m.;
  • Contact the debtor when she already has an attorney who is known to the collector;
  • Communicate with third parties about the debt;
  • Threaten to use violence against the debtor;
  • Use obscene or profane language;
  • Publicize the debtor’s name on a list of debtors who owe money;
  • Falsely identify themselves as government representatives, attorneys, or other persons;
  • Falsely represent the “character, amount, or legal status of any debt”; and
  • Threaten to have the debtor imprisoned.
The FDCPA prohibits numerous other methods of debt collection, and an experienced consumer protection lawyer can discuss your rights with you. If you have questions or concerns, you should speak with an Oak Park consumer protection attorney as soon as possible. Contact the Emerson Law Firm today to learn more about how we can assist residents in the Chicago area.
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