Debt collectors will often try to contact debtors through letters, emails, text messages, and phone calls in an attempt to collect on the debt. If you’re getting calls from a local number, it may be a debt collector trying to disguise their identity. But there are ways to tell if they’re crossing the line.
If you are being repeatedly called by a debt collector from phone numbers that appear to be local, you may be a victim of harassment. They may call your home phone or cell phone number in an attempt to reach you.
No one likes getting a call from a debt collector. They can be very aggressive when trying to collect a debt, which is why many people try to avoid them. However, making phone calls is the most strategic and convenient way for debt collectors to collect. This is why it’s important to know how to handle these calls if you ever find yourself on the receiving end.
The Fair Debt Collection Practices Act protects consumers from being subjected to abusive, deceptive, or unfair debt collection practices. This includes calls from debt collectors that may be using a local number in order to try to collect on a debt. The FDCPA ensures that these types of calls do not cause any undue stress or inconvenience for the consumer.
Different phone numbers can be used by a debt collector, but their identity must be presented to the debtor. While they are not required to disclose their name, the agency they are representing must be conveyed. It is most important that a number not be used which would give the false impression of being from a law firm or government agency.
Debt collectors cannot threaten you
If you are contacted by a debt collector, be aware that you may be subjected to false statements and threats. These debt collectors may threaten to garnish your wages or take away your bank accounts if you don’t make payments, and they may even say they will contact a police officer to have you arrested. However, none of these threats are actually legal, so don’t let them intimidate you into paying up.
The Fair Debt Collection Practices Act protects consumers from being threatened or misled by debt collectors. Under this law, it is illegal for a debt collector to make any false statements or threats.
Debt collectors may not threaten to garnish a debtor’s wages or bank account unless they have a court judgment. If a debt collector calls a debtor and makes such a threat, it is false and violates the Fair Debt Collection Practices Act.
Debt collectors are not allowed to lie about the amount of money you owe, the interest you accrue, late fees, or any other information related to your account.
It is illegal for debt collectors to make harassing phone calls
This is another debt collection strategy that can put a lot of pressure on a debtor and make it very hard for them to carry on with their daily activities and work. This can include things like:
- Calling early in the morning (before 8:00 am), at night (after 9:00 pm), or even on holidays.
- Calling at work
- Using obscene language
- Repeatedly calling the debtor
A debt collector cannot contact a third party
As a debt collector, you are only allowed to call the debtor, their spouse, or their attorney.
A debt collector can only contact a debtor in three specific circumstances. These are when the debtor inquires about their own whereabouts, when the debt collector needs to verify the debtor’s current address, place of work, or phone number, or when the debt collector is seeking payment from the debtor.
The FDCPA prohibits debt collectors from discussing a debtor’s account with any third person, even if that person is a relative of the debtor. Furthermore, repeatedly calling a third person is also a violation of the FDCPA. In this case, the debt collector can only call one additional person, such as a neighbor or friend of the debtor, in an attempt to collect the debt.
Your lawyer should be the only one fielding calls from debt collectors
If a debtor has already given their debt collector the contact information for their lawyer, the debt collector must stop calling the debtor. The only exception to this is if the lawyer does not respond to the debt collector in a timely manner.
If you are receiving harassing or unwanted calls from a debt collector, you can send a written request asking them to stop contacting you. You should include your preferred method of communication, whether it be via letter, email, or text message. Be sure to keep a copy of the letter for your records.
If a debt collector does not stop calling you after you have requested them to do so, you can file a complaint against the debt collector.
Debt collectors may still call you even if you request them to stop. The following are reasons why they may continue to contact you:
- To confirm that they will no longer contact you.
- In order to let you know, they are currently taking legal action against you.
File a complaint if you feel that a debt collector has violated the FDCPA
If a debt collector violates the FDCPA, you may file a complaint against them. You can also report the debt collector to the authorities for their alleged violation to:
- The Federal Trade Commission
- The State Attorney General’s Office
There are some states whose debt collection laws differ from the FDCPA.
If you’re getting calls from debt collectors that are stressing you out, know that there are steps you can take to fight back. It’s important to know your rights and to document any illegal behavior on the part of the debt collector. With this information, you can take action to protect yourself and stop the harassment.Clearone Advantage, Credit Associates, Credit 9, Americor Funding, Tripoint Lending, Lendvia, Simple Path Financial, New Start Capital, Point Break Financial, Sagemore Financial, Money Ladder, Advantage Preferred Financial, LoanQuo, Apply.Credit9, Mobilend