If you have debts which are in collections, you’ve probably recieved notices in the mail, and phone calls from a debt collector. Sometimes, these notices are not particularly aggressive – you’re simply being asked to pay a debt, perhaps by settling for less.
In other instances, however, debt collectors behave much more aggressively, calling at unusual hours, harassing your family and friends, and using threatening language. Or, perhaps a collector threatens to sue you, when they have no intention of doing so.
Below, we’ve reviewed some of the ways in which a debt collector might have violated your rights, and what you can do about it. The Fair Debt Collection Practices Act (FDCPA) is a federal law which protects you from harassment by debt collectors.
Please keep in mind that none of this is legal advice – you should consult with an attorney for such guidance. We’ve discussed below where to find one.
1. Calling Before 8 AM Or After 9 PM
A debt collector is not allowed to call you on the phone before 8 in the morning, or after 9 at night (based on your known location, as available to the debt collector). However, if you ask a debt collector to call you before 8 AM, or after 9 PM, perhaps because it is more convenient for you, then there has not been a violation of the law.
In cases where you’re receiving calls at impermissible hours, you’ll want to take a screenshot of when the call came in. This can be used as evidence later, when you’re pursuing a lawsuit against the collector.
2. Calling You At Work After You’ve Asked Them Not To (Or Telling Your Employer They’re A Debt Collector)
A debt collector can call you at work, unless they have “reason to know” that such calls are forbidden. What would create such a reason?
If you instructed a collector not to contact you at work, and they continue to do so, they have likely violated the law. However, if you don’t say anything, a debt collector may not have any way of knowing, and so is not held responsible.
If a debt collector calls your workplace (say on a main operator line), they cannot tell your employer, that they are are a debt collector, or that they are calling regarding a debt. They can only ask your employer for your contact information, and confirm that you work there.
An employer is under no obligation to share this information. A debt collector is only allowed to contact your employer once, unless they have reason to believe that the employer is lying to them about your whereabouts.
3. Calling Friends & Family Members, To Collect On Your Debt (Sometimes)
This is a complicated one. Debt collectors will often contact friends and family members, to try to locate you. This in itself is not illegal.
However, if a collector informs a family member that you owe a debt, or otherwise makes efforts to collect on the debt (for example, asking a relative to encourage you to pay off a debt), then they have violated the FDCPA. This can be grounds for a lawsuit.
Collectors are also restricted from informing a friend or family member that they work for a debt collector. While they might have to share the name of the company they work for (if asked for such information), they are not supposed to volunteer it.
Also, a collector is not allowed to contact a friend or family member more than once, unless they have reason to believe that the friend or relative is lying. Once provided with the information requested, they cannot make further contact.
4. Engaging In Harassment
Debt collectors are not allowed to harass you. What constitutes harassment?
Calling you on the phone repeatedly, in a way which is intended to annoy, harass or abuse anyone who answers the phone, using obscene language, and threatening violence or harm, are all examples of harassing conduct. A collector also cannot call you, and refuse to say who they are, or publish lists of people who are refusing to pay their debts (outside of credit reports).
Whether a particular case in fact constitutes harassment, depends in large part on the specific facts, as well as the rulings of federal courts in the area where you live. If you feel like you’ve been harassed, it definitely makes sense to speak to an FDCPA attorney.
5. Misrepresenting Facts Regarding A Debt
A collector cannot lie about the facts surrounding a debt. For example, they cannot falsify the amount owed, or claim to be an attorney, if in fact they’re not. A collector also cannot threaten to do something which is not legally permissible, such as sue on a debt, which is past the statute of limitations for your state (the time period during which you can be sued on a debt), or threaten to have you arrested, or reported to a federal government agency.
We should note, however, that reporting your debt to the credit bureaus, assuming other procedures were followed, is not a violation of the law. Debt collectors are allowed to report legitimate debts to credit reporting agencies. Obviously, this will damage your credit score.
6. Threatening To Do Something They Have No Plans Of Doing
A collector cannot say the plan to sue you on a debt, if they are not planning to do so. Few debt collectors file lawsuits for amounts owed of under $1,000, and threatening to sue on a $200 or $300, if a debt collector has no plans to do so, may be an example of a threat which a collector has no intention of carrying out.
7. Failing To Provide A Debt Validation Notice
By law, within five days of beginning efforts to collect on a debt, a debt collector must provide you with a written notice, informing you of your right to request validation of the debt. If a debt collector wishes, they can send you this notice in their initial communication with you (assuming that communication was by mail).
This notice must inform you of the amount owed, the identity of the debt collector, and that the communication is an attempt to collect a debt. The letter must also state the name of the original creditor, and a warning that if you don’t request validation of the debt, within 30 days, the debt will be assumed as valid. The letter should also state that any validation required will be provided by mail.
When you recieve a debt validation letter, you are allowed to write back, and ask for a range of information. What a debt collector is required to provide you with has been a question which courts have wrestled with for quite some time.
At a minimum, you should request proof of the collector’s right to collect on the debt (i.e. an agreement with the original creditor), proof of the amount owed, the contract signed with the original creditor, and proof of the collector’s license to collect in your state. This is all information which a collector should reasonably be able to provide.
In many cases, debt collectors forget (or deliberately fail) to provide the debt validation notice. In other instances, you request validation of the debt, but they don’t respond. Sometimes, a collector responds, but the information provided is inadequate.
In each of these cases, you might have grounds for legal action. Again, consulting an FDCPA attorney makes sense.
What To Do If Your Rights Have Been Violated
If any of the situations detailed above sound familiar, your rights might have been violated by a debt collector. What should you do?
First, you should speak with an attorney who specializes in the FDCPA. You can locate one through the attorney search website Avvo, or the National Association of Consumer Advocates.
Share proof of any claims you believe you have. For example, if a debt collector has been calling you before 8 AM or after 9 PM, you’ll want to take a screenshot of the calls on your phone, to show to the attorney. If you believe that a collector has not complied with debt validation requirements, you should provide the attorney with copies of any notices you recieved, as well as letters you sent.
If the attorney believes your rights have been violated, he or she will file a lawsuit, and can obtain a recovery of up to $1,000 per violation of your rights, as well as attorney’s fees. This means that having an attorney represent you costs you nothing.
Dealing with debt issues is stressful. Being harassed by a debt collector, or otherwise having your rights violated, only adds to feelings of powerlessness. It doesn’t have to be this way. An effective consumer rights attorney can be a great help here.
