Have you been subjected to constant phone calls, threats or rude treatment from a debt collector? If so, you could benefit from the services of a McKinney debt collection attorney. Unfortunately, many debt collection agencies use unscrupulous or aggressive tactics to recover debts, potentially violating federal consumer protection laws. Let’s take a closer look at what you can do to stop collection harassment.
First, it’s important to understand what constitutes collection harassment so you can recognize when these unlawful practices are occurring. You should then familiarize yourself with your legal rights, and consider working with an attorney to put a stop to debt collection harassment.
What You Should Know About Stopping Collection Harassment
Collection harassment refers to abusive, deceptive or unfair practices used by debt collectors when attempting to collect a debt. Financial hardship is stressful enough without the constant calling, threats and ugly tactics that some debt collectors use. But you do not have to suffer, as there are ways that you can fight back and hold them responsible for the stress they’re causing you.
How Does the Fair Debt Collection Practices Act Help Me?
The Fair Debt Collection Practices Act (FDCPA) was created to protect consumers from creditors who take part in offensive and harassing behavior. It prohibits debt collectors from engaging in various aggressive and abusive behaviors. The act specifies that it prevents the actions of third-party debt collectors (not the original creditors), though some states have separate laws further protecting consumers from original creditors.
FDCPA Debt Collector Requirements
Many illegitimate collection agencies rely on confusion and misinformation about legal rights to aggressively pursue debts. However, a clear understanding of the FDCPA can help you identify illegal debt collection practices. Consider the following legal requirements in all interactions with debt collectors.
- They must identify themselves.
- They must notify the consumer that the information they provide will be used to collect a debt.
- They must provide verification of the debt.
- They cannot call outside the hours of 8:00 a.m. and 9:00 p.m.
- They cannot call repeatedly and continuously.
- They cannot call your workplace and talk to your supervisors or co-workers.
- They cannot publicly post your private financial information.
By outlining what collectors can and cannot do, the FDCPA provides individuals with the clear guidelines needed to recognize illegal behavior. Keep a record of any violations or behavior that could be considered unlawful before speaking with a collections harassment attorney in Collin County.
Top Ways to Stop Collection Harassment
The first step to stop harassment is to consult with a qualified debt collections attorney. The attorney could send a letter to the agency requiring them to cease all communication with you directly. When an attorney represents you, a debt collector cannot speak with you directly. Document any additional direct or indirect contact they have with you. You may also file a complaint with the Federal Trade Commission. The FDCPA is essentially a strict liability law. This means that you do not have to prove any actual damages from violations, and could be awarded money and attorney fees just because the debt collector violated this federal law.
Top Collection Harassment Attorneys In North Texas
If you have a debt collector who is harassing you, contact Lucé Law, PC today to stop collection harassment. Call (972) 632-1300 or schedule a free consultation with one of our knowledgeable attorneys.
