When a debt collector or collection agency has failed to abide by the standards upheld in the Fair Debt Collection Practices Act (FDCPA), you might be able to sue them in state courts or even small claims court. This legislation is designed to protect consumers like you from harassment and unfair treatment by debt collectors. Still, it is best to get assistance from an experienced attorney before trying to sue a debt collector by yourself. At Sue the Collector, we can set you up with a skilled lawyer for FREE if you qualify.
Some of the behaviors of debt collectors that may warrant legal action include:
- Lying or presenting false information to you about your debt situation
- Making legal or even physical threats (i.e. “our attorneys will hear about this…”)
- Calling you during restricted hours
- Harassing you at work via a business phone
- Working to embarrass or humiliate you publicly
If you have suffered from any of those activities by a debt collector, you might be entitled to significant compensation for your troubles even if you owe the debt. Call Sue the Collector at (866) 768-6005 to schedule a completely FREE consultation on the details of your claim. You can also fill out the form on our contact page with relevant information and our team will respond to you as soon as possible.
Actions That Qualify as Harassment Under the FDCPA
Everyone with debt is familiar with the calls and emails from debt collectors and agencies. But just because you owe money, that does not mean you are fair game for harassment. You should not be perpetually hounded, and the law is designed to prevent you from that outcome. Below are just a few actions that might qualify as harassment or illegal practices under current legislation.
Illegal Phone Calls
When a debt collector calls you, they must abide by specific legal requirements. These include telling you information like:
- The fact that you are legally able to dispute the amount you owe
- The identity of the original creditor to whom you owed the debt
- Their own identity (i.e. the identity of the collection agency that is calling)
They are also limited in what they can say to you, when they can call you, and how they can go about legally pursuing the payment of the debt. For example, debt collectors are not supposed to call you during the night, at any time after 9:00 p.m. They are also restricted from calling you before 8:00 a.m. Plus, if there are times and locations that they know are inconvenient for you (such as calling you during work hours on your business phone), they are supposed to refrain from calling during those times or at those locations.
Failing to abide by these restrictions constitutes a violation of the FDCPA and may be grounds for filing a lawsuit against the collector.
Harassment Behaviors
Even if the debt collector calls you on a private phone during acceptable hours, they may violate the law by exhibiting behaviors that are designed to intimidate, humiliate, or embarrass you. These include:
- Using racist, derogatory, or offensive language
- Lying about escalation, such as falsely claiming that they will sue you for failing to pay your debt
- Telling you that they will add charges to your existing debt for time-wasting, convenience fees, or other additional expenses
Harassment can also occur when the collector continues to contact you after you have either requested a cessation of contact in writing or made it known to the collector that you are being represented by an attorney for this matter.
The debt collector is still allowed, however, to pursue the repayment of the debt through legal means, such as filing a lawsuit against you for the amount owed and reporting the debt to credit agencies. The latter can negatively impact your credit report, and this is not considered harassment.
When You Can Sue Under the FDCPA
It should be noted that not all debt is covered under the Fair Debt Collection Practices Act. Typically, this legislation only applies specifically to personal or household debt, such as car payments, mortgages, student loans, and the like. Debts related to a business may not be protected by this law, though there are other federal restrictions on how collectors must behave.
Additionally, the FDCPA usually does not apply if the collector is the original creditor to whom you owe the money. It is most often used as a way to go after the harmful practices of individuals or agencies that purchase your debt from the original creditor and then hound you for repayment.
Regardless of your type of debt and specific financial situation, you should schedule a consultation with the team at Sue the Collector if you believe you are being subjected to illegal collection practices.
Get Help Suing a Debt Collector Today
Sue the Collector provides all clients with a FREE consultation to discuss the details, strength, and merit of your potential lawsuit claim. In many cases, our knowledgeable attorneys have been able to recover $1,000 for clients who have been harassed as well as up to $1,500 for each robocall made in violation of the FDCPA.
If you believe a debt collector has used illegal practices against you, you do not have to suffer quietly. You have rights. Discuss your case with our experienced legal team today by calling (866) 768-6005 or by filling in your information on our contact form.
You deserve to be treated fairly and with dignity regarding outstanding debt. Let us help you preserve your rights and punish debt collectors who act maliciously.
Some of the behaviors of debt collectors that may warrant legal action include:
- Lying or presenting false information to you about your debt situation
- Making legal or even physical threats (i.e. “our attorneys will hear about this…”)
- Calling you during restricted hours
- Harassing you at work via a business phone
- Working to embarrass or humiliate you publicly
If you have suffered from any of those activities by a debt collector, you might be entitled to significant compensation for your troubles even if you owe the debt. Call Sue the Collector at (866) 768-6005 to schedule a completely FREE consultation on the details of your claim. You can also fill out the form on our contact page with relevant information and our team will respond to you as soon as possible.
Actions That Qualify as Harassment Under the FDCPA
Everyone with debt is familiar with the calls and emails from debt collectors and agencies. But just because you owe money, that does not mean you are fair game for harassment. You should not be perpetually hounded, and the law is designed to prevent you from that outcome. Below are just a few actions that might qualify as harassment or illegal practices under current legislation.
Illegal Phone Calls
When a debt collector calls you, they must abide by specific legal requirements. These include telling you information like:
- The fact that you are legally able to dispute the amount you owe
- The identity of the original creditor to whom you owed the debt
- Their own identity (i.e. the identity of the collection agency that is calling)
They are also limited in what they can say to you, when they can call you, and how they can go about legally pursuing the payment of the debt. For example, debt collectors are not supposed to call you during the night, at any time after 9:00 p.m. They are also restricted from calling you before 8:00 a.m. Plus, if there are times and locations that they know are inconvenient for you (such as calling you during work hours on your business phone), they are supposed to refrain from calling during those times or at those locations.
Failing to abide by these restrictions constitutes a violation of the FDCPA and may be grounds for filing a lawsuit against the collector.
Harassment Behaviors
Even if the debt collector calls you on a private phone during acceptable hours, they may violate the law by exhibiting behaviors that are designed to intimidate, humiliate, or embarrass you. These include:
- Using racist, derogatory, or offensive language
- Lying about escalation, such as falsely claiming that they will sue you for failing to pay your debt
- Telling you that they will add charges to your existing debt for time-wasting, convenience fees, or other additional expenses
Harassment can also occur when the collector continues to contact you after you have either requested a cessation of contact in writing or made it known to the collector that you are being represented by an attorney for this matter.
The debt collector is still allowed, however, to pursue the repayment of the debt through legal means, such as filing a lawsuit against you for the amount owed and reporting the debt to credit agencies. The latter can negatively impact your credit report, and this is not considered harassment.
When You Can Sue Under the FDCPA
It should be noted that not all debt is covered under the Fair Debt Collection Practices Act. Typically, this legislation only applies specifically to personal or household debt, such as car payments, mortgages, student loans, and the like. Debts related to a business may not be protected by this law, though there are other federal restrictions on how collectors must behave.
Additionally, the FDCPA usually does not apply if the collector is the original creditor to whom you owe the money. It is most often used as a way to go after the harmful practices of individuals or agencies that purchase your debt from the original creditor and then hound you for repayment.
Regardless of your type of debt and specific financial situation, you should schedule a consultation with the team at Sue the Collector if you believe you are being subjected to illegal collection practices.
Get Help Suing a Debt Collector Today
Sue the Collector provides all clients with a FREE consultation to discuss the details, strength, and merit of your potential lawsuit claim. In many cases, our knowledgeable attorneys have been able to recover $1,000 for clients who have been harassed as well as up to $1,500 for each robocall made in violation of the FDCPA.
If you believe a debt collector has used illegal practices against you, you do not have to suffer quietly. You have rights. Discuss your case with our experienced legal team today by calling (866) 768-6005 or by filling in your information on our contact form.
You deserve to be treated fairly and with dignity regarding outstanding debt. Let us help you preserve your rights and punish debt collectors who act maliciously.
