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 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 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.