Your FDCPA Rights

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. Harassment, in any form, is considered a severe violation of the FDCPA. According to the FDCPA the following are considered violations of the Act by a debt collector:

• Harassing by calling repeatedly
• Threatening to use violence
• Using obscene or abusive language
• Calling at your place of work after you inform the collector that you cannot reveive calls at work
• Calling after you have requested that calls cease
• Calling, but refusing to give name their name
• Sending notices that look like court notices
• Publishing a list of consumers who have not paid
• Falsely claiming to be 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 using inappropriate language. This may be 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 consumers’ rights.  If debt collectors follow the rules, 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 get into an 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 may be entitled to initiate litigation and sue the collector, by retaining the services of an FDCPA attorney who will represent you in asserting your rights.