In the past, debt collectors have sometimes crossed the line when attempting to collect money. Because of this, the Fair Debt Collection Practices Act (FDCPA) came into creation. This act prevents debt collectors from using abusive, oppressive or harassing tactics.
Unfortunately, this does not stop every debt collector. Some may still utilize tactics against you that violate the FDCPA. If that happens, you can protect yourself.
Actions banned under the FDCPA
The Consumer Financial Protection Bureau discusses your protections from debt collectors. As mentioned, the FDCPA bars any attempt at collection that involves abuse, oppression or harassment. This can come in many different forms. Some primary examples include:
- Threats of harm or violence
- Using obscene language or profanities
- Repeatedly calling you with the intention to annoy or harass
- Refusing to identify themselves when calling
- Making threats toward other members of the household
No misrepresentations
Under the FDCPA, debt collectors cannot lie or misrepresent themselves, either. This means they cannot pretend to be an attorney or lie about the amount of money you owe. They cannot make false threats of arrest, either.
Finally, they cannot make threats they have no intention of following up on. They also cannot threaten to do things they have no legal power to do. Attempting to threaten you in this way violates the FDCPA as well.
If you take a debt collector to court over FDCPA violations and win, the judge will likely order them to cover for your legal expenses. In some cases, you can collect on damages for the harassment you faced, too. Thus, if you believe you faced debt collector harassment, consider bringing it to a legal professional.
