Ways A Debt Collector May Be Breaking The Law

Receiving phone calls and letters from debt collectors can be an alarming experience. The anxiety and uncertainty surrounding your financial well-being is only magnified when debt collectors are hounding you or your family members. What most people don’t know is that some practices by debt collectors may actually be against the law. Repeated phone calls, abusive language and threats could potentially violate a number of state and federal laws. It is important to remember that debt collectors, like any other business, have to operate in ways that are ethical and lawful. Here are a few illustrations of how a debt collector may be breaking the law, and what you can do to protect yourself from the illegal practices which some debt collectors use to harass and annoy debtors.

Repeated Phone Calls

Anyone who has experience dealing with debt collectors will tell you that repeated phone calls are not an uncommon practice. However, when the frequency of the phone calls reaches a point intended to harass or annoy you (or make your head explode), it may rise to the level of breaking the law. Similarly, phone calls to your home during certain restricted hours or to your place of business may be prohibited. Some debt collectors are so bad that they have even harassed family members or associates of the debtor. This practice not only violates the debtor’s sense of privacy but may also be illegal under state and federal laws.

Abusive And Threatening Language

While the great majority of debt collectors are professional and courteous, it is not uncommon for some to use threats or abusive language in an attempt to intimidate you. The use of expletives, name calling and insulting remarks while attempting to collect a debt may rise to the level of illegal practice. Further, threatening you or your family members with action that they are not even entitled to take may be construed as violating the law.

Use Of Deceptive Methods

Not surprisingly, some debt collectors are not fully truthful when attempting to collect a debt. Misleading you about their identity is one of the most common forms of deception that debt collectors employ. Leading you to believe that the debt collector is a member of law enforcement or using a fake company name are just some of the more common deceptive practices used by debt collectors. Similarly, a debt collector may be breaking the law if they are not truthful about the amount that you owe.

Protecting Yourself

It is not enough to merely know how a debt collector may be breaking the law. You should also be aware of ways that you can guard against those illegal practices. It is good practice to always request for any debt collector to identify themselves and to give you specific information on the origin of the debt which they are claiming that you owe. Any written correspondence that you receive from a debt collector should be saved and kept in a secure location in case you need to refer to it later. Lastly, if a debt collector commits any of the practices described in this article, it is recommended that you immediately contact an attorney as you may be entitled to damages.

Bankruptcy Attorneys To The Rescue

The Bankruptcy Team, PLLC is devoted to assisting clients resolve their financial problems through bankruptcy, foreclosure or other legal avenues so that they can get the fresh start that they are entitled to. We also aim to protect those who have been exposed to unfair debt collection practices such as repeated phone calls, abusive and threatening language, and the use of deceptive methods. Our experienced attorneys will thoroughly review your situation and advise you about available options that closely fit your needs and which protect you from bad debt collectors. To consult with The Bankruptcy Team, PLLC, call or contact us today.