Debt collection is one of the most stressful and uncomfortable experiences anyone can face. It’s never easy dealing with the constant calls and letters from debt collectors, demanding payment for debts that you may or may not owe. But how many calls from a debt collector is considered harassment? In this article, we will explore this question in detail and provide you with the information you need to know.
What is debt collection harassment?
Debt collection harassment refers to any abusive, unfair, or deceptive tactics used by debt collectors to collect payment from debtors. The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive debt collection practices. According to the FDCPA, debt collectors are not allowed to:
- Call you before 8 a.m. or after 9 p.m.
- Contact you at work if you have told them not to.
- Contact your friends, family, or employer to collect a debt.
- Threaten you with violence, damage to your property, or arrest.
- Use obscene language or racial slurs.
- Misrepresent the amount you owe, the debt collector’s identity, or any legal action they can take against you.
If a debt collector violates any of these rules, they are engaging in debt collection harassment. It’s important to note that debt collectors are allowed to contact you to collect a debt, but they must do so in a reasonable and respectful manner.
How Many Calls from a Debt Collector is Considered Harassment?
There is no specific number of telephone calls that are considered harassment. The FDCPA does not limit the number of calls a debt collector can make in a day, week, or month. However, the FDCPA does state that debt collectors cannot engage in harassing behavior, which includes excessive phone calls.
If a debt collector is doing repeated phone calls multiple times a day, every day, it may be considered harassment. The frequency and timing of the calls can also be a factor. For example, if a debt collector is calling you at all hours of the day and night, it can be considered harassment. If a debt collector is calling you every hour on the hour, it can also be considered harassment.
It’s important to note that debt collectors are not allowed to call you repeatedly with the intent to annoy, abuse, or harass you. If you feel like a debt collector is calling you too often or in a harassing manner, you should contact a consumer protection lawyer. They can help you determine if the debt collector is breaking any laws and advise you on how to proceed.
What should you do if you feel harassed by a debt collector?
If you feel harassed by a debt collector, there are several steps you can take to protect yourself:
- Keep a record of all communications: Keep a record of all calls, letters, and emails from the debt collector. Write down the date, time, and nature of the communication. This will help you build a case if you need to take legal action.
- Request that the debt collector stop contacting you: Under the FDCPA, you have the right to request that a debt collector stop contacting you. You can do this by sending a letter requesting that they stop all communication. Once they receive the letter, they are only allowed to contact you to confirm that they will stop contacting you or to inform you of legal action they plan to take.
- Contact a consumer protection lawyer: If you feel like a debt collector is harassing you, it’s important to contact a consumer protection lawyer. They can help you determine if the debt collector is breaking any laws and advise you on how to proceed.
- File a complaint: You can file a complaint with the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) if you feel like a debt collector is harassing you. The CFPB and FTC are government agencies that regulate debt collection practices and can investigate complaints of harassment.
- Know your rights: It’s important to know your rights under the FDCPA. Debt collectors are not allowed to engage in harassing behavior, and you have the right to request that they stop contacting you. If you feel like a debt collector is breaking any laws, you should contact a consumer protection lawyer.
Avoid Debt Collectors & Consolidate Debt
To avoid debt collectors, it’s important to pay bills on time, communicate with creditors if you’re having trouble making payments, and know your rights under the Fair Debt Collection Practices Act. Consolidating debt can help simplify your payments and possibly lower your interest rates. This can be done through a balance transfer credit card, a personal loan, or a debt settlement program. It’s important to weigh the pros and cons of each option and choose the one that works best for your financial situation. Additionally, creating a budget and sticking to it can help prevent future debt and financial stress.
Debt Settlement
Debt settlement is a process in which a debtor and creditor agree to a reduced payment amount in order to fully satisfy a debt. This option is typically utilized when a debtor is unable to pay off their debt in full and needs to negotiate with the creditor for a lower payment amount. Debt settlement can be a viable alternative to bankruptcy, as it allows the debtor to satisfy their debt without the negative impact on their credit that bankruptcy can create.
Debt Consolidation Loans
Debt consolidation loans are a financial tool used to combine multiple debts into a single, more manageable payment. These loans can be used to consolidate credit card debts, medical bills, personal loans, and other types of debts. By consolidating all of these debts into one loan, borrowers can often secure a lower interest rate and a longer repayment term, which can reduce their monthly payment and make it easier to pay off their debts over time.
Conclusion
Debt collection harassment is a serious problem that affects millions of Americans every year. While there is no specific number of calls that are considered harassment, debt collectors are not allowed to engage in harassing behavior. If you feel like a debt collector is calling you too often or in a harassing manner, you should contact a consumer protection lawyer. They can help you determine if the debt collector is breaking any laws and advise you on how to proceed. Remember, you have the right to protect yourself from debt collection harassment.
FAQs
What is considered harassment by a debt collector when it comes to phone calls?
The Fair Debt Collection Practices Act (FDCPA) states that a debt collector cannot harass or abuse a consumer, which includes calling repeatedly or continuously with the intent to annoy, abuse, or harass.
How many calls from a debt collector are considered harassment?
There is no specific number of calls that are considered harassment. It depends on the frequency and content of the calls.
Can a debt collector call every day?
A debt collector can call every day, but if the frequency is excessive, it could be considered harassment.
How many times can a debt collector call in one day?
There is no specific limit on how many times a debt collector can call in one day. However, if the frequency is excessive, it could be considered harassment.
Can a debt collector call multiple times per hour?
There is no specific limit on how many times a debt collector can call per hour. However, if the frequency is excessive, it could be considered harassment.
Can a debt collector call after business hours?
A debt collector cannot call before 8 a.m. or after 9 p.m. in the consumer’s time zone, unless the consumer has given permission for the debt collector to do so.
Can a debt collector call on weekends?
Yes, a debt collector can call on weekends, but they cannot call before 8 a.m. or after 9 p.m. in the consumer’s time zone.
Can a debt collector leave multiple voicemails in one day?
There is no specific limit on how many voicemails a debt collector can leave in one day. However, if the frequency is excessive, it could be considered harassment.
Is it harassment if a debt collector calls once a week?
It depends on the content of the calls and the frequency. If the debt collector is calling once a week with the intent to annoy, abuse, or harass, it could be considered harassment.
What can I do if I feel like I am being harassed by a debt collector?
You can send a written request asking the debt collector to stop contacting you, or you can file a complaint with the Consumer Financial Protection Bureau or your state’s attorney general. You may also want to contact an attorney who specializes in debt collection harassment.
Glossary
- Debt collector – A person or company who is hired to collect debts on behalf of a creditor.
- Harassment – Unwanted and repeated actions that cause distress or anxiety to the recipient.
- Fair Debt Collection Practices Act (FDCPA) – A federal law that regulates debt collection practices and prohibits harassment by debt collectors.
- Consumer Financial Protection Bureau (CFPB) – A government agency that enforces consumer financial protection laws, including the FDCPA.
- Cease and desist letter – A written communication that instructs a debt collector to stop contacting a debtor.
- Statute of limitations – A legal time limit for creditors to pursue legal action to collect a debt.
- Robocalls – Automated phone calls made by debt collectors that can be considered harassment if made repeatedly or outside of allowed hours.
- Caller ID spoofing – The practice of disguising the phone number of the caller to make it appear as if it is coming from a different number.
- Wage garnishment – A legal process in which a portion of a debtor’s wages are withheld to pay off a debt.
- Bankruptcy – A legal process in which an individual or business is relieved of some or all of their debt.
- Debt validation – The process of requesting proof from a debt collector that the debt is valid and accurate.
- Collection agency – A company that specializes in collecting debts on behalf of creditors.
- Default – Failure to repay a debt according to the terms of the agreement.
- Creditor – A person or company that is owed money by a debtor.
- Debt settlement – Negotiating with a creditor to settle a debt for less than the full amount owed.
- Credit report – A record of an individual’s credit history, including outstanding debts.
- Interest – A fee charged by creditors for borrowing money.
- Repossession – The legal process of taking back property that was used as collateral for a debt.
- Debt consolidation – Combining multiple debts into one payment with lower interest rates and fees.
- Payment plan – A schedule of payments agreed upon by a debtor and creditor to pay off a debt over time.
