Debt Collection Harassment | Consumer Justice

At Consumer Justice Law Firm, we help you recover from the harmful consequences of debt collection harassment by upholding and protecting your rights under federal and state law. This includes enforcing your rights under the Fair Debt Collection Practices Act and doing everything the law allows to hold companies accountable for the reckless way they treat you.

Justice for debt collection harassment looks like this: Holding debt collection agencies accountable for (1) illegal debt collection practices on legitimate debts, (2) attempting to collect debts they aren’t allowed to go after, (3) compensating you for the harm they caused, and (4) paying for your legal bills because you had to force them to do the right thing.

What Debt Collection Harassment Is

Debt collection harassment is a specific type of consumer protection violation that happens when debt collection agencies either break the rules about collecting a real debt or try to collect a debt that isn’t yours or that you don’t owe. These three scenarios are all covered under the Fair Debt Collection Practices Act and you have significant and meaningful rights when it comes to fighting back.

For debts that you do owe, debt collectors are still required to follow strict rules of engagement so that you aren’t subject to a chronic onslaught of harassment. Just because you owe a debt doesn’t mean you have no right to live peacefully. For debts that you don’t owe, the debt collection attempt can either be based on a reporting error at a financial or other company (for instance, mixing your data with someone else’s) or it can be debt that is rightfully and legally covered by Medicaid, Workers Comp, or similar. If you don’t owe a debt, they have no right to try to collect it.

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 the credit bureaus that you have a debt in collections, your credit profile and credit score can take a huge hit.
Financial harm. While debt collection harassment doesn’t cause the same types of harm that other consumer protection violations cause, it can impact your financial life in unique ways. For instance, if you don’t actually owe the debt being pursued or the debt collectors have no right to pursue it in the first place, they may intimidate you into repaying the loan or entering a repayment plan when you don’t have to. In addition, paying a debt you don’t need to pay or believing you need to pay a debt all at once, can lead to you missing other payments or taking on even more debt.
Reputational damage. If debt collectors don’t follow the rules, they may pursue you at work or through friends, relatives, employers, social media, and other avenues in ways that violate the rules of debt collection. These violations can subject you to reputational damage 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. A common tactic of debt collection harassment is to intentionally create overwhelming stress, anxiety, and sleeplessness through fear and intimidation tactics.

Steps To Take When You’re Being Harassed By Debt Collectors

Step 1 Talk to a lawyer

One of the best things about the laws protecting you from debt collection harassment is that working with a lawyer is a game changer whether you owe the debt or not. When you owe a debt, but provide your attorney’s info, debt collectors have to leave you alone. When you don’t owe a debt, you may have the right to bring a lawsuit straight away. A lawyer will clearly set out your rights, guide you through the legal process, and get you compensation.

Step 2 Keep records of everything

Keeping careful notes about every interaction you have with a debt collection agency is critical. Write down as many details as you can as soon as you have each interaction. Date, time, length, summary of what they said (especially any threats or intimidation), summary of what you said (like, “Don’t call me at work.” “Call my lawyer, here’s the contact info.” “That debt is covered under Medicaid.”), and the name of the person you spoke with. Keep copies of letters, print copies of emails, save screenshots of social media engagement, etc.

Step 3 Be stingy with info

Until you talk to a lawyer, try not to do any of the following: confirm you have a debt, explain why you have debt or why you can’t pay it, agree to repay it and agree to repayment terms, or make a payment. If the debt collection attempt raises any red flags for you, trust your gut, keep your info to yourself, and call an attorney.

How Debt Collection Harassment Attorney Leads You to a Full Recovery

Not every debt collection harassment case ends in a lawsuit, but many do. Litigation usually becomes necessary when debt collection agencies simply fail to do the right thing. Seemingly simple things can become prolonged and painful battles.

Knowing when, how, and who to sue is everything. Here’s how we help you:

We know the law. We know the laws that protect you and how to go after these careless mega-corporations and debt collection agencies using every possible legal option available.
We know the problems. We’ve seen, heard, and handled every type of debt collection problem and put our full knowledge and resources into everything we do.
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 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.
We file a lawsuit. If you’re being targeted by debt collection harassment or pursued for debts that aren’t yours or you don’t owe, we file a lawsuit to hold them accountable.
We get you money. If you’ve been harmed by unscrupulous debt collectors and you’re entitled to compensation, we know how to maximize it.

The Role of the Fair Debt Collection Practices Act

We rely heavily on the Fair Debt Collection Practices Act (FDCPA) to build the best possible cases and get the best possible outcomes. The FDCPA sharply limits the way that debt collectors can engage with you.

For instance, debt collectors CANNOT:

Harass you. It is illegal for debt collectors to harass you. Keep notes on every interaction, phone call, letter, etc., because you have to demonstrate a pattern of abuse and harassment.
Call you constantly. Did you know that 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 a 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.
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 talke (for instance, if you’re at a medical appointment, school event, or similar), they have to end the call immediately.
Publicly contact you on social media. Debt collectors can only contact you on social media through private messaging. If they post publicly that you owe a debt or they’re trying to reach you, it’s a violation of the law.
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 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.

If Data Errors Are Causing Debt Collectors to Unfairly Target You

Beware so-called debt dispute companies. They charge fees to offer minimal guidance through the legal process 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 only get paid by the bad guys when we win.
Review your financial statements, billing statements, and credit reports for mistakes.
Gather any evidence and documentation you have to support your dispute.
Write a thorough and clear letter explaining exactly which information is wrong and why.
Mail your letter, along with copies of the supporting documents, via certified mail to the companies involved. This preserves your rights and leaves an easily traceable trail. Avoid using online dispute platforms.
Keep a copy of any letter and documents for your file, along with mail receipts.
Track the days. They 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.

How Fee-Shifting Makes the Wrongdoer Pay Your Legal Bills

One of the most important and least known facts about embarking the journey to battle back against debt collection harassment is that you don’t have to pay out of pocket for legal help. Under the FDCPA and the FCRA, you are not expected to spend your own money or take on more debt just to dispute reporting errors, push back against false demands, take a stand against harmful tactics, and more. The ones who made the problem or worsened the problem have to pay to fix it.

At Consumer Justice, we respect this fee-shifting provision for the role it plays in our legal system, especially since it serves as an equalizer, bringing justice to everyone, including those who otherwise couldn’t afford to work with an attorney. We value each and every client and every case, and appreciate that the law has carved out a way to center equity and fairness in legal representation for consumers harmed by big business data errors and unscrupulous and illegal debt collection practices.

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 send correspondence 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 entity (like a leasing company you work with or a hospital where you had service), 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 extract as much profit gain as possible, as quickly as possible. Don’t underestimate how fast it can snowball through your life. Working with an attorney costs you ZERO out of pocket. The peace of mind alone is worth it. Keep your money where it belongs. Make them pay instead.