When Debt Collectors Call – Guest Post
By Sonya A. Smith-Valentine
Maybe they received an injury due to an automobile accident. Maybe
they purchased a car that turned out to be a lemon. Perhaps they
were discriminated against in their workplace and lost their job. Or
maybe they are getting a divorce. Whatever the reason, your clients
are now strapped for cash and the debt collectors are calling.
Many people fall behind in their bills. On top of trying to keep food on
the table and the lights on, your clients are experiencing severe
anxiety every time the phone rings. Is it the debt collector calling
again? Debt collectors add to your clients’ initial problem with
harassing and abusive phone calls at home and at work, and our
clients don’t want to talk about it due to embarrassment and shame.
The Fair Debt Collection Practices Act (FDCPA) is the federal law that
regulates what actions a debt collector can and cannot take in trying
to collect a debt. It covers personal, family, and household debts.
Business and commercial debts are not covered. This underutilized law
can help your clients sleep better at night without breaking into a cold
sweat every time the phone rings.
The deck is stacked against your clients, as most do not know their
rights in dealing with debt collectors. Many believe that they have to
suffer with the abuse. On the contrary, owing the debt does not
prohibit consumers from shielding themselves from these sharp
practices and exercising their rights under the FDCPA.
Debt collectors may communicate by mail, in person, or by telephone.
Debt collectors cannot contact a person at times or in places that they
know are inconvenient, such as at work if the employer does not
permit it. Debt collectors cannot contact a person before 8 a.m. or
after 9 p.m.
If a written request is sent to the debt collectors demanding that they
stop all communication, they must stop contacting the consumer. If
the debt collectors are advised that the consumer is represented by an
attorney, the debt collectors cannot communicate directly with the
consumer; they can only contact the lawyer.
Debt collectors cannot contact any third parties about the debt
specifically. Debt collectors can contact other people once (and once
only) in an effort to locate the consumer. They cannot call family
members or neighbors about the debt. Debt collectors are not
permitted to ask family and neighbors to pass on phone messages or
tell other people that they are attempting to collect a debt.
Debt collectors may not use any language, communication, or conduct
to harass, oppress, or abuse any person. This includes the use of
threats of violence or harm to the person, property, or reputation;
threats of arrest; using obscene or profane language; or calling people
without identifying themselves.
False statements are also prohibited. For example, a debt collector
cannot falsely imply that he or she is an attorney or government
representative. They cannot falsely imply that a person committed a
crime by not paying a debt. Debt collectors cannot misrepresent the
character, amount, or legal status of the debt.
Debt collectors routinely report credit information to the major credit
bureaus but often fail to report that a debt is disputed, as required by
law. Further, after a debt is discharged in bankruptcy some debt
collectors nevertheless continue collection efforts or try to get the
consumer to reaffirm the debt.
Consumers are entitled to file a lawsuit against any debt collector who
violates the FDCPA. In short, the FDCPA allows a consumer to recover
actual damages, statutory damages of up to $1,000, and attorney fees
and costs.
Sonya A. Smith-Valentine is a member of the Valentine Legal Group,
LLC, in Greenbelt, Maryland. She concentrates her practice on debt
collection harassment and credit reporting disputes. Visit her Web site
at www.valentinelegal.com.
Published by: admin on February 15th, 2009 | Filed under Financial Matters
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