Debt Collection Harassment (FDCPA)

Fight Debt Collection Harassment with Debt Collection Lawyers.

Unlawful debt collection tactics are intended to cause chaos in your daily existence, embarrass you, damage your reputation, negatively impact your stress levels and mental health, and destroy your resolve to question the legitimacy of the debt, your obligation to pay, or the things they tell you.

An entire industry is built around causing you intentional harm.

Thankfully, the Fair Debt Collection Practices Act (FDCP) puts limits on the way debt collectors can engage with you and gives you clear legal rights to fight back against these practices.

At Consumer Justice Law Firm, we don’t just help enforce your legal right to end debt collection harassment, we help you reclaim your power and peace of mind.

What Counts as Debt Collection Harassment?

Debt collection is legal, but under the Fair Debt Collection Practices Act (FDCPA), debt collectors are not legally allowed to engage in any form of debt collection harassment. So, where is the line drawn?

While the behavior can differ from case to case, the general categories of collection practices that are not allowed are:

• trying to collect a real debt, but doing it in a way that causes mental, emotional, reputational, professional, or financial harm to you
• trying to collect a debt that isn’t yours, isn’t real, or is based on a data reporting error at a financial company (like the type of errors that happen when your data gets mixed with someone else’s)
• trying to collect a debt they have no right to collect, such as medical bills related to covered workers comp or Medicaid care

If you’ve experienced any of these situations, or something similar, you should speak with a debt collection lawyer about the specific facts of your experience.

How Common is Debt Collection Harassment?

Debt collection harassment is a very common problem experienced by thousands of consumers every single day.

In fact, research by the Consumer Financial Protection Bureau found that as many as 25% of all consumers contacted by debt collectors felt threatened by the interaction they had.

Many people believe there’s nothing they can do if they actually owe the debt. But just because you may actually owe a debt doesn’t mean debt collectors have a right to torment you for repayment. There are laws and limitations and you have rights, even when the debt itself if legitimate.

Check out The Consumer Justice Blog for insights into everyday situations in which debt collection practices cause serious harm to U.S. consumers.

What is the Fair Debt Collection Practices Act?

The Fair Debt Collection Practices Act (FDCPA) is a federal law that sharply limits the way debt collectors can engage with you to seek repayment for on an outstanding debt.

It sets out clear legal obligations that debt collectors must follow, and very clear legal rights that consumers can enforce to protect themselves and preserve their peace of mind.

Debt collection attorneys rely on this critical legislation to build the best possible cases and get the best possible outcomes for anyone dealing with debt collection harassment issues.

Your Rights Under the FDCPA

Under the Fair Debt Collection Practices Act (FDCPA), debt collectors CANNOT

• Harass, abuse, or threaten you. This includes cursing at you or suggesting criminal arrest or similar. Keep notes on every interaction, phone call, letter, etc., because you have to demonstrate a pattern of abuse and harassment.
• Call you constantly. Debt collectors are limited by the 7-in-7 Rule. They can only call you up to seven times in seven days. This includes leaving voicemail. And, if a debt collector speaks to you directly at any point, they must wait another seven days before contacting you again. Violating the 7-in-7 Rule is considered proof of harassment.
• Call you at night. Debt collectors can only call you between 8 a.m. and 9 p.m. in your time zone.
• Call you at work.  If you inform a debt collector that you can’t take personal calls at work, they can no longer call you during work hours. If they do, it’s proof of harassment.
• Force you to talk at inconvenient times. If you inform a debt collector that it’s inconvenient for you to talk (for instance, if you’re at a medical appointment, school event, or similar), they must end the call immediately.
• Publicly contact you on social media. Debt collectors can only contact you on social media through private messaging. They cannot post publicly that you owe a debt or they’re trying to reach you.
• Contact you by text, email, or social media if you opt out. You have the right to opt out of these contact methods and they have to make it easy for you to do so.
• Contact you if you’re working with an attorney. If you provide a debt collector with the name and contact info (address and phone number) for your lawyer, they typically have to go through your lawyer going forward.
• Have their lawyers harass you instead. Collection agencies and other companies can’t just have their lawyers harass you. The same rules apply.

3 Steps To Fight Debt Collection Harassment

Under the Fair Debt Collection Practices Act, you have significant rights to fight debt collection harassment. Taking these three steps will set you on the right path toward recovery.

Ask for Debt Validation and Don’t Overshare. You have a right to request a debt validation letter from the debt collector. This is a formal letter they must send you within 30 days that provides “proof” the debt is yours. It should provide info about the account, the amount, the original creditor, the dates, etc.

Requesting this letter puts a temporary stop to debt collection efforts until the letter is received. It is also a key step in the dispute process. If the debt collector can’t provide proof you owe the debt, it is unlawful to continue any collection efforts.

Also, don’t overshare. Don’t confirm you have a debt, explain why you have a debt or why you can’t pay it, agree to repay it, agree to repayment terms, or make a payment. Make them verify the debt first!

Keep Records and Notes About Every Interaction. From the first phone call until it ends, keep detailed notes about every interaction. Be sure to note the date, time, any names you can get, and a summary of what is said (especially any hostile, threatening, abusive, ominous, or harassing language), where you were (at work, asleep, etc.), and what you said to them.

Also keep track of any attempted phone calls (unanswered or sent to voicemail), emails you receive, direct messages on social media, contact with colleagues or family members, etc. Make notes and keep documents, emails, letters, screen shots of call logs, etc.

Talk to a lawyer. When you’re working with a debt collection harassment lawyer, debt collectors typically have to leave you alone and only communicate through your lawyer from that point forward. Note that you do have to provide the debt collector for accurate contact info for your lawyer.

Once your lawyer is in the mix, not only do they field the phone calls, they also investigate the debts, disputes, and allegations of debt collection harassment.

At any step in this process, getting a free consultation from a debt collection lawyer is the best bet for a personalized recovery action plan.

When a debt collector attempts to collect a debt you don’t owe or they can’t validate, you may have the right to bring a lawsuit straight away. Your lawyer can offer guidance.

What if Data Errors Show a False Debt or Amount You Don’t Actually Owe?

How could debt collection harassment be any worse? When it’s based on a debt or amount that isn’t even real or accurate.

The good news is that not only do you have the right to fight debt collection harassment, you also have the right to fight the underlying credit report errors or financial statement errors that made you a target in the first place.

You’ll need to dispute the errors with the companies that are reporting the errors (credit bureaus, credit card companies, banks and lenders, retail accounts, etc.).

• Beware of so-called debt dispute companies. They charge fees to offer minimal guidance after you’ve been sued for an unpaid debt. Debt collection harassment lawyers actually know the law, work with you for nothing out of pocket, and get paid by the debt collectors when we win.
• Review everything. Check your financial statements, billing statements, and credit reports for mistakes.
• Gather any evidence. Identity and collect the documentation you have to support your dispute.
• Write a dispute letter. a thorough and clear letter explaining exactly which information is wrong and why.
• Mail the dispute letter and documentation. Your letter, along with copies of supporting documents, should be sent via certified mail. This preserves your rights and leaves an easily traceable trail. Avoid using online dispute platforms if they make you waive your legal rights.
• Keep records. Save a copy of all letters and documents for your file, along with mail receipts.
• Track the days. Credit bureaus and other companies have 30 days to respond.
• Don’t give up. If they don’t respond, don’t investigate, don’t fix the errors, or claim that their investigation confirmed the bad data, you need a lawyer NOW.

Read more about disputing consumer reporting errors on our Credit Reporting Errors practice page.

How Debt Collection Harassment Harms You

• Credit harm. While not all collection efforts can be reported to the credit bureaus, many can. When debt collectors notify Experian, Equifax, or TransUnion about a debt in collections, your credit score and creditworthiness can take a huge hit.
• Financial harm. Debt collection harassment can impact your financial life in unique ways. For instance, debt collectors may intimidate you into repaying a loan or agreeing to a repayment plan on a debt they have no right to collect. Plus, falsely believing you need to pay when you don’t, or being harassed into paying a debt all at once, can cause you to miss other payments or take on even more debt.
• Reputational damage. If debt collectors pursue you at work or through friends, relatives, employers, social media, and other avenues in ways that violate the rules of debt collection, it can damage your reputation among peers, colleagues, and others.
• Mental and emotional distress. It’s hard to overstate the level of mental and emotional stress involved in debt collection harassment. In fact, that’s the point of it. A common tactic of debt collection harassment is to intentionally create overwhelming stress and anxiety through fear and intimidation tactics.

What Does a Top Debt Collection Harassment Lawyer Do?

Having legal rights is one thing, but knowing how to put those rights to work to protect yourself when you need it most is another.

1. We know the law. We know the laws that protect you, so we go after debt collection agencies and credit bureaus using every possible legal option available.
2. We know the problems. We’ve seen, heard, and handled every type of debt collection harassment problem and put our full knowledge and resources into everything we do.
3. We know the tricks. We know the tactics used by these agencies to bully, harass, threaten, scare, and intimidate you. They profit from your fear. We win when you win.
4. We know how to provide legal guidance.  We help you gather necessary data and evidence, craft and file legally sound disputes, and advise you of your rights and best practices along the way.
5. We know how to file a strategic lawsuit. If you’re being targeted by debt collection harassment or pursued for debts you don’t owe, we file a lawsuit to hold debt collectors accountable.
6. We know how to get you money.  If you’ve been harmed by unscrupulous debt collectors and you’re entitled to compensation, we know how to maximize it.

Not every debt collection harassment case ends in a lawsuit, but many do. Litigation usually becomes necessary when debt collectors fail to follow the law.

How Much Does a Debt Collection Harassment Lawyer Cost?

If you work with Consumer Justice Law Firm, the answer to this is simple: it costs you nothing out of pocket to work with a top debt collection harassment lawyer.

From your FREE consultation all the way through to the resolution of your claim, whether it involves disputes, lawsuits, or anything else, you don’t pay us a dime up front or out of pocket.

The companies we sue pay our legal bills when we win.

No Justice, No Fee.^TM

Frequently Asked Questions

Should I trust someone who says I owe a debt?

No. Since we also help victims of identity theft, it is important to remind you that no one who just calls, emails, texts, or sends correspondence out of the blue should just be taken at face value.

Sometimes you don’t recognize a debt because it’s a genuine error and shouldn’t be linked to you. Other times, you don’t recognize a debt because it’s a scam. Even if you recognize the name of a familiar company, you should independently verify every detail without clicking any links, responding, offering any information, or acknowledging the communication in any way.

Do not use any info provided by the debt collection agency to verify the debt. Call entities, lenders, insurance companies, healthcare providers, etc., using whatever contact information you already have on file. Also, research the name of the debt collection agency. Frequently, scams target a wide audience, so you may be able to quickly identify a scam.

Do I need to work with a lawyer if I’m being harassed by a debt collector?

As with all areas of consumer protection law, the answer is no. You do not have to work with an attorney to handle debt collection harassment.

However, working with a lawyer early in the process is one of the best ways to preserve your sanity, protect your finances, and optimize your outcome. Whether you’re legitimately in debt collections and being harassed or you’re unfairly being targeted for a debt you don’t owe, debt collectors are especially good at playing on your fears of financial, reputational, and emotional harm.

By its very nature, debt collection is an industry that seeks to exploit common vulnerabilities and a general lack of knowledge in order to get as much profit as possible, as quickly as possible. Don’t underestimate how fast debt collection harassment can snowball through your life.

FREE CONSULTATIONS! We only get paid when we win. No Justice, No Fee.^TM