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Harassment and Abuse by Debt Collectors
Debt collectors call you, betting that you're unaware of your rights and the consumer protection laws intended to protect you. They hope you're full of fear and vulnerability. Our office can give you the information you need to know, including the things that debt collectors cannot do to bother, harass, or threaten you. Under consumer protection laws, you could be entitled to compensation against these creditors.
That's right, their violations of law can put MONEY IN YOUR POCKET.
Collection agencies and Debt collectors do many unethical and even illegal things to collect a debt. Some debt collectors want to scare you into being sued, they threaten wage garnishments, and some will even threaten you with jail or criminal action (you can never go to jail for owing someone money). Luckily, our firm is here to tell you that there are options to go after these wrongful debt collectors.
The Fair Debt Collection Practices Act
Under the FDCPA there are certain Do's and Dont's that Debt Collectors must abide by. Under California law, the laws are even more strict.
Debt Collectors Must:
- Tell you they are attempting to collect a debt
- Tell you that any information you tell them will be used for the purpose of collecting your debt; and
- Tell you their name, as well as the name of the agency they work for.
Debt Collectors Must NOT:
- Contact you at an unusual or inconvenient time or place, generally before 8:00AM or after 7:00PM without your permission.
- Call you at work if they know that your boss does not allow debt collection calls at work.
- Contact third-parties about your debt. In other words, they cannot call someone other than you about your debt.
- Threaten to use violence, or to harm you or another person's reputation
- Use obscene, profane, or abusive language
- Publish your name as someone who doesn't pay bills
- List your debt for sale to the public
- Call repeatedly and over and over again within a short amount of time.
- Claim to be a law enforcement agency
- Lie about the amount you owe
- Claim to be an attorney
- Threaten to do things that they don't actually intend to do
- Use a fake business name
- Add fees and interest that weren't allowed by the original agreement
The Telephone Consumer Protection Act (TCPA)
The TCPA restricts certain phone calls, telemarketing, text messages, and faxes, as well as collection calls.. It puts restrictions on using robotic or automatic dialing machines, where a real live person isn't dialing the number to call you, but only comes on the line after the machine gets you to pick up the phone. In addition, if you in any way tell the collectors to stop calling you, they must by law stop calling. If they continue to call, their violations can result in very large monetary compensation to you. You can actually collect up to $1,500.00 per phone call. Just do the math and imagine what that adds up to if they're calling you 3, 4, or even 10 times a day over a period of months. Since TCPA law governs consumer rights, we can help file lawsuits may for consumers who suffer from these violations.