Unfortunately, many consumers who are in debt assume that they have no rights when interacting with those they owe. As such, creditors and debt collectors take advantage of this fact, often using unfair, manipulative, and abusive methods to collect the funds they are owed. However, it’s imperative to understand that as a consumer, you are granted a considerable amount of rights when interacting with debt collectors, as protected by the Fair Debt Collection Practices Act (FDCPA). It is critical to understand what constitutes prohibited behavior and how to document instances of debt collector harassment to fight for the justice you deserve. Keep reading to learn more about these matters and the importance of working with a Los Angeles, California debt defense lawyer.
What Constitutes Collector Harassment?
Generally, any time a debt collector uses abusive or annoying methods to attempt to collect a debt, it can constitute harassment. However, to ensure that consumers and collectors alike understand exactly what can warrant harassment, the Fair Debt Collection Practices Act outlines a number of prohibited behaviors. These include, but are not limited to, the following:
- Placing repeated calls in a short period of time
- Calling before 8 a.m. or after 9 p.m.
- Using vulgar or threatening language
- Publishing your name as a debtor
- Contacting anyone other than you and disclosing information about your debt
- Contact you at your place of employment, even after you’ve informed them you cannot take personal calls on duty
- Pretending to be a member of law enforcement or a lawyer
- Misrepresenting the debt owed
It’s imperative to understand that, in California, the state has adopted its own version of the FDCPA to ensure that original creditors are held to the same standards as third-party debt collectors. As such, you can seek statutory damages if you are harassed in any capacity by a collector or creditor.
What Can I Do to Document Instances of Debt Collector Harassment?
In order to seek compensation for the harassment you have faced, it’s important to understand that you’ll need to first prove the harassment you’ve endured. As such, it’s critical to understand how to document instances of creditor harassment in California.
First and foremost, you must understand that California is a two-party consent state when it comes to recording private phone conversations. As such, if you record a phone call with the collector without their consent, it can be deemed inadmissible in court as it is technically considered illegal evidence. In addition, you can even face criminal consequences for this act.
As such, the best methods for procuring evidence of harassment include taking screenshots of call logs, documenting details of the conversation, saving copies of unanswered debt validation requests, and testimony from friends and family who may have been contacted in regards to your debt.
Facing harassment while worrying about the debt you owe can be incredibly overwhelming. That is why it is imperative to connect with an experienced attorney to discuss your legal options if you are facing harassment from a creditor. At Los Angeles Legal Solutions, our firm understands how challenging these matters can be to navigate, which is why we are committed to assisting you through these difficult times. Contact us today to discuss your circumstances with a member of our dedicated legal team today.
