Owing a debt can be a very isolating experience despite the fact that many Americans are currently indebted to others. However, matters are only made worse when you begin experiencing debt collector harassment. Unfortunately, many who owe a debt assume this is the result of their failure to pay and must endure the abuse. It’s imperative to understand that you have rights as a consumer to protect you from harassment. As such, the following blog explores these behaviors in further detail and why it’s in your best interest to connect with a Los Angeles, California debt defense lawyer to explore these matters further.
What Is Debt Collector Harassment?
When your debt is sent to collections, it means an agency has taken responsibility for obtaining the owed funds on behalf of the original creditor. Though you may think they can collect these funds by any means necessary, this is untrue. In reality, you’ll find that you have rights under the Fair Debt Collection Practices Act (FDCPA). This is a set of laws that regulates how third-party debt collectors can interact with consumers and what behaviors are prohibited. As such, the following actions are violations of the FDCPA:
- Using vulgar, violent, or abusive language
- Failing to identify themselves as a debt collector
- Claiming to be a lawyer or police officer
- Misrepresenting the amount of debt owed
- Placing repeated calls in a short period of time
- Calling outside of permitted hours (8 a.m. to 9 p.m.)
- Disclosing your status as a debtor to others by talking about you or printing your name
If you are being harassed, the first thing you should do is request a debt validation notice. This must be sent to you within five days and provides details about the debt, like who the original creditor is and how much is owed. Once you receive this. you can send a cease and desist letter to the agency. Once they receive this letter, the agency can no longer contact you except to inform you that it received the letter and once more if they choose to take legal action.
What Should I Do if I’m Harassed?
If you’re harassed by a debt collector, it’s imperative to understand your rights. Generally, unless the collector attempts violence, the police cannot assist you if you are facing harassment. As such, you must contact a lawyer to get the abuse to stop. Be sure to document any violations you experience, as this can help prove the extent of the harassment.
You should know that if facing harassment by a debt collector, you are likely entitled to damages. This includes statutory damages, which can award up to $1,000 per FDCPA violation. You can also recover compensation for any non-economic or emotional damages you suffered because of the harassment.
At Los Angeles Legal Solutions, we understand how frustrating it can be to experience abuse and harassment over something that’s already seen as a negative. That’s why our compassionate team will work with you to guide you through these challenges to ensure you receive the compensation you are entitled to as a consumer when facing harassment. Connect with us today to learn how we can guide you through this process.
