When a debt collector harasses, oppresses, or abuses a debtor, it is called harassment. Debt collectors are prohibited from harassing debtors by debt collector harassment laws, which are enforced by government agencies. For example, the Federal Trade Commission (FTC) enforces the Fair Debt Collection Practices Act (FDCPA).
The FDCPA prohibits debt collectors from using deceptive, abusive or unfair practices when collecting money from an individual. The Act only protects individuals, and not businesses. According to the Act, a debt collector cannot:
A person harassed by a debt collector has three options to resolve a harassment issue:
The case will proceed like any other civil trial. If the plaintiff wins, the debt collection may have to pay:
The Fair Credit Reporting Act (FCRA) is another federal debt collection law. It outlines how debt collections must be reported to the three credit bureaus. For instance, assume that a debt collector sends financial information about a debtor’s bill to the credit bureaus. Instead of reporting the debtor is three months behind, the debt collector reports that the debtor is seven months in arrearage. This false information violates the FCRA.
Debt collection agencies do violate both the FDCPA and the FCRA regularly. Thus, you may be a victim of deceptive or abusive practices that debt collectors engage in. It is highly recommended that you contact a personal injury attorney about ways to resolve the issue.
Last Modified: 04-14-2015 04:40 PM PDTLaw Library Disclaimer
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