If you are experiencing debt collector harassment, it is essential to know that you have rights and there are ways to protect yourself. The first step is to learn the laws that are in place to protect you from creditor harassment. The Fair Debt Collection Practices Act (FDCPA) and the California Fair Debt Collection Practices Act (CFDCPA) are two such laws.
The FDCPA is a federal law that applies to debt collectors trying to collect on a debt from someone living in another state. The CFDCPA is a state law that applies to debt collectors trying to collect on a debt from someone living in California.
Both the FDCPA and the CFDCPA prohibit debt collectors from using abusive, unfair, or deceptive practices when they are trying to collect a debt.
Some of the most common ways that creditors violate the law include:
- Calling you before eight o’clock in the morning or after nine o’clock at night, local time
- Harassing the collector by calling repeatedly or continuously
- Using threats of violence or harm
- Publishing a list of consumers who refuse to pay their debts (except to a credit reporting agency)
- Disguising themselves
According to the federal Fair Debt Collection Practices Act and California’s own version of the Fair Debt Collections Practices Act, debt collectors and creditors are specifically prohibited from using abusive, deceptive or unfair tactics when attempting to collect outstanding debts from consumers. Unfortunately, that’s not always abiding by these laws, thereby infringing on consumers’ rights against such abusive and dastardly practices.
If you are being harassed by a debt collector, it is important to know that you have rights and there are ways to protect yourself. Contact Sands Law Group and let us help you with your debt collector harassment case.
Conduct Prohibited: What Debt Collectors Cannot Do
CFDCPA has set clear guidelines restricting creditors from acting in a certain way in order to protect small business owners and individuals from being harassed by creditors.
- Constant Communication: The Fair Debt Collection Practices Act (FDCPA) and the California Fair Debt Collection Practices Act (CFDCPA) are two laws that prohibit creditors from using abusive, deceptive or unfair tactics when attempting to collect outstanding debts from consumers. It is illegal when a debt collector harasses a person when they are constantly heckling you with excessive phone calls and emails or contact you between 9 pm and 8 am local time.
- Using Threatening Tone or Language: Debt collectors are prohibited from using threatening tone or language when trying to collect a debt. This includes using threats of violence or arrest, making false statements, and harassing or abusing consumers. If you feel that you are being harassed by a collector, it is important to know your rights and contact a debt collector attorney.
- Untruthful Representation: Debt collectors sometimes misrepresent the amount of money that is owed, or they may try to collect information about you to be used to collect the remaining debt. Additionally, they may threaten legal action when they have no intention of following through. Debt collectors often use these tactics in order to scare consumers into paying the debt, even if they cannot afford to do so.
Some of the things they can’t do are call before 8 am or after 9 pm, call a lot, use threats, and publish a list of people who don’t want to pay their debts. You can take action if a debt collector does any of these things. You have the right to sue them and get money for damages. You can also get them to stop the harassment. To learn more, contact Sands Law Group.
Creditors who violate these laws may be liable for damages, including statutory damages, actual damages, and costs of suit. In some cases, creditors may also be subject to punitive damages. If you believe that a creditor has violated the law, you should contact an experienced attorney to discuss your legal options.
How Debt Collectors Must Act under the FDCPA
Per FDCPA, debt collectors and creditors must follow to:
- Debt collectors must communicate directly and strictly with the collector;
- Debt collectors are not allowed to contact you at your place of employment if they are told that this is inconvenient or not allowed;
- Debt collectors must identify themselves in all communication they have with the collector.
- Provide written verification of the debt subject to dispute upon receiving a written request from the consume
If you believe that a debt collector has violated the law, you should contact an experienced attorney to discuss your legal options. At Sands Law Group, we can help you determine if you have a claim and represent you in court if necessary. Contact us today for a free consultation.
You Have the Right to Sue
If you’ve been harassed by a debt collector, you can take action. You have the right to sue them and get money for damages. This is called a “private right of action.” You can sue for up to $1000, plus you can get your attorney’s fees and court costs paid. You can also get an injunction against the debt collector, which means they would have to stop harassing you.
If you believe that a debt collector has violated your rights, it is important to contact an experienced attorney who can help you protect your rights and collect damages.
You Should Talk to a Lawyer
Contact a Debt Collection Harassment Attorney in LA
Sands Law Group is a law firm that specializes in debt collector harassment cases. If you’ve been harassed by a debt collector, contact us today for a free consultation or give us a call at 213 788-4412. We’ll help you understand your rights and options, and we’ll fight to get you the best.