Lies By Debt Collectors! Do Not Let Debt Collectors Bluff You
What is Debt Collection Harassment?
The Fair Debt Collection Practices Act(FDCPA) has a set of rules that determine what can be termed as harassment by the debt collector. Harassment can be either written or verbal. Calling you repeatedly at home or work place is a form of harassment. Harassing in any form is considered a severe violation of the FDCPA.
According to the FDCPA the following are considered violations of the Act by the debt collector:
Harassing by calling repeatedly
Threatening to use violence
Using obscene or abusive language
Calling at work place
Calling after you request him not to call
Calling but not giving name
Sending notices that look like court notices
Publishing a list of consumers who have not paid
Trying to extract payment over phone
Giving false identity of being an attorney
A debt collector can call you if there is a genuine debt to recover. But debt collectors are often over- enthusiastic and may end up placing too many calls or end up using tough language. This is considered to be harassment. The FDCPA punishes harassment by debt collectors. The Act gives out specific guidelines share here on what is considered unlawful behavior. These guidelines protect consumer rights.
If debt collectors obey the rules of the book the emotional stress faced by the debtors can be avoided. In the absence of this understanding there is a possibility of the consumer falling into the emotional trap.
You can avoid the harassment by following these simple rules:
Stay calm during the call
Do not enter into argument
Do not use foul language
Do not give away your bank details
Ask for check more debt validation
Send a cease and desist letter
Dispute the debt
If the debt collector has harassed you and violated your rights, you can sue him. You may engage an FDCPA attorney who will take care of the legal aspects.
One of the biggest violations debt collectors commit during their aggressive debt collections is to lie over the phone. There are many lies that the debt collectors speak over the phone. They do not disclose their names while trying to collect from you. Sometimes they give you a false identities.
Under the Fair Debt Collection Practices Act (FDCPA), a debt collector must identify his name and the collection agency he is working for. The FDCPA is a federal act enforced by the Federal Trade Commission (FTC) to protect consumers against illegal and unethical debt collection practices by debt collectors.
Third party debt collectors buy debt from original creditors for a very small price and have nothing to lose money wise.
One of the most frequent violations and one that a debt collector compromises on his integrity is giving a wrong identity. Debt collectors call from unknown or blank numbers or restricted this website lines and leave voice mails in threatening tones. This is not welcome because if there is a legitimate debt to be collected then there is no reason why a debt collector should resort to such methods.
Giving misleading and ambiguous information also is not a right method because it leads to unnecessary fear and displeasure among the consumers. Often debt collectors lie about calling your office or garnishing your wages. Unless there is a court ruling or they are original creditors, debt collectors do not have the right to garnish your wages. Lying about taking legal action or posing as an attorney are again punishable wrongs of debt collectors.
Lying about the amount of debt owed is again a violation by debt collectors. Debt collectors are required to mention the right amount that you owe. He should not implicate an amount more than you owe to extract more money from you.
Calling for someone else and harassing you for that person, alleging you to be someone else and trying to collect from you is another big lie debt collectors resort to. If it is a case of mistaken identity, collectors are expected to stop once you request them to stop on that pretext. However, if they still continue they are resorting to lies and are violating the FDCPA.
Debtors are protected by the FDCPA for a fair collection of debts. A clear understanding of your rights under the FDCPA is essential to stay away from debt collectors harassment. A little preparation and knowledge of the FDCPA can assure you of a hassle free life.