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Debt collection harassment occurs when a debt collector uses abusive, deceptive, unfair, or otherwise unlawful tactics to pressure someone into paying a debt. The Fair Debt Collection Practices Act (FDCPA) restricts how debt collectors may communicate with consumers and provides legal remedies when those rules are violated.
What Is Debt Collection Harassment?
Debt collection harassment can take many forms and may occur through phone calls, text messages, emails, social media messages, or other communication methods. In general, harassment involves conduct intended to pressure a consumer in connection with the collection of a debt.
What Qualifies as Debt Collection Harassment Under the Law?
Under the law, debt collection harassment generally involves conduct intended to intimidate, annoy, abuse, or pressure a consumer into paying an alleged debt. Not every collection call is harassment. However, laws prohibit debt collectors from using harassment or unfair/deceptive practices during collection efforts and put limits on the frequency, timing, and other aspects of collection calls.
Common Examples of Debt Collection Harassment
Debt collection harassment can take many forms. Common examples include:
- Repeated phone calls intended to annoy or pressure you at all hours of the day and night
- Phone calls while you’re at work after you’ve stated not to call during work hours
- The use of obscene or abusive language, e.g. threats of arrest or harm
- Repeated contact after you have requested that communications stop (a debt doesn’t go away after this request, but communications about it should)
- A debt collector contacts family members, friends, neighbors, or coworkers about the debt in ways prohibited by law
- A debt collector shares information about your debt or collection efforts on your public social media accounts
Illegal Debt Collection Practices to Watch For
Debt collectors cannot legally make false statements or use deceptive tactics to collect a debt. For example:
- Collectors generally cannot falsely claim to be attorneys, government officials, or law enforcement officers.
- Collectors cannot lie about the amount of money you allegedly owe, or claim they will take action they cannot legally take.
How Often Can Debt Collectors Call You Legally?
Under federal debt collection regulations, a debt collector is generally presumed to have violated the law if they:
- Call more than seven times within seven days regarding the same debt; or
- Call again within seven days after having a telephone conversation with you about the debt.
- This is called the 7-7-7 Rule in debt collection.
Important note: Debt collectors are also generally prohibited from calling before 8:00 a.m. or after 9:00 p.m. (consumer’s local time) - unless you agree to the contact.
Your Rights Under the Fair Debt Collection Practices Act (FDCPA)
The FDCPA protects consumers against abusive debt collection practices. Debt collectors generally cannot harass, threaten, deceive, or unfairly pressure consumers when attempting to collect debts. The law also gives consumers the right to dispute certain debts, request verification of debts, limit certain communications from debt collectors, and work with an attorney.
Warning Signs That a Debt Collector Is Violating Your Rights
Warning signs of unlawful debt collection activity include:
- more than seven calls in seven days
- calling late at night or early in the morning
- threats of arrest
- abusive language
- false claims about lawsuits
- demands for immediate payment under pressure
- disclosing information about the debt to unauthorized third parties
How to Document Debt Collection Harassment
Thorough documentation can help establish a pattern of harassment and support a legal claim if necessary. You can document debt collection harassment by:
- printing and saving emails
- saving text messages and letters
- keeping call logs and voicemails
- saving screen shots of comments on social media posts (before you delete them, if needed)
- documenting the dates, times, phone numbers, and details of each phone call, including where you were and what was said
What to Do If You Are Being Harassed by Debt Collectors
If you believe a debt collector is harassing you, there are steps to take to beat unlawful debt collection practices. Keep detailed records of the conduct and avoid deleting communications. Save screenshots, emails, social media comments, etc. that support your claim of harassment. Request debt validation if appropriate.
In many instances, consulting with a consumer protection attorney regarding your legal options is an effective action. Once informed that you’re working with an attorney and provided with contact information, debt collectors typically must direct all future communications through your attorney.
How to Stop Debt Collection Harassment
As an overall rule to stop abusive debt collection, be sure to preserve the evidence at every step. Proof of a pattern is important.
- Tell them to stop in writing. Send a written request directing the debt collector to cease contact. Once received, the collector’s ability to continue contacting you becomes limited under federal law.
- Request debt validation. If they can’t verify the debt, you can dispute it.
- File complaints. You can report unlawful collection activity to the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), and your state attorney general.
- Know what debt collectors can’t do. Debt collectors generally may not:
- Harass, threaten, or abuse you.
- Call repeatedly to annoy or harass.
- Use false or misleading statements.
- Contact you at unusual times (generally before 8 a.m. or after 9 p.m.).
- Contact you at work after being told not to.
- Contact you after you’ve given them your attorney’s contact info.
- Talk to a debt collection harassment lawyer. You may have legal remedies to stop collection harassment or even to stop collection efforst altogether if the debt is not yours, not accurate, or not collectable in the first place.
Even if collection efforts continue, debt collectors must still comply with consumer protection laws and cannot engage in harassment or abuse.
When to Contact a Consumer Protection Lawyer About Debt Harassment
You should consider contacting a consumer protection lawyer if a debt collector repeatedly harasses you, threatens you, misrepresents information, contacts third parties improperly, or continues unlawful collection activity. You should also consider this option if you believe the debt is in error, is not yours, not accurate, the result of identity theft, or not collectible from you.
An attorney can evaluate whether your rights have been violated and explain any legal remedies that may be available.
Frequently Asked Questions
What is considered harassment by a debt collector?
Harassment may include repeated calls, threats, abusive language, intimidation, or other conduct intended to annoy, pressure, or abuse a consumer.
How many times per day can a debt collector call me?
Federal law does not set a specific daily limit on debt collection calls. However, a debt collector may be presumed to violate the law if they call more than seven times within a seven-day period about the same debt, or call again within seven days of talking to you directly.
Can debt collectors call me at work or at night?
Generally, debt collectors cannot contact you before 8:00 a.m. or after 9:00 p.m. and may be prohibited from contacting you at work once you’ve informed them.
Are debt collectors allowed to threaten legal action?
Debt collectors cannot threaten legal action they do not intend to take or cannot legally take, including criminal arrests.
What should I do if a debt collector is harassing me?
Keep detailed records of the conduct and consider consulting a consumer protection attorney.
Can I sue a debt collector for harassment?
Yes. Consumers may have the right to bring claims against debt collectors who violate federal consumer protection laws such as the Fair Debt Collection Practices Act (FDCPA).
What damages can I recover for debt collection harassment?
Depending on the circumstances, you may recover statutory damages, actual damages, attorney’s fees, and costs.
Do I have to pay a debt if the collector is harassing me?
Harassment does not automatically eliminate a valid debt. However, unlawful collection practices may create separate legal claims and not all debts or collection attempts are valid.
How do I prove debt collection harassment?
Save call logs, voicemails, text messages, emails, letters, and notes documenting the collector’s conduct. Being able to demonstrate a pattern of behavior is important.
Is one incident of abusive debt collection enough for a case?
Yes. As a general rule proving abusive debt collection is about demonstrating a pattern of harassment. So, one phone call before 8 a.m. may not be sufficient to build a legal case, but a single egregious act may be. For example, a threat of violence against you or your family, or attempting to collect a debt you don’t owe.
When should I contact a lawyer about debt collector harassment?
You should contact a lawyer if a debt collector is engaging in repeated harassment or other potentially unlawful conduct, or if you suspect the debt or collection effort is not valid in the first place.
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