Millions of Americans struggle with debt and in turn have to deal with collection calls. While some debt collectors abide by the legal debt collection practices, many do not. Fortunately, there are protections in place that allow consumers to fight back if debt collectors violate their rights. A strong federal law, called the Fair Debt Collection Practices Act (FDCPA) protects consumers against unfair collection practices and helps prevent creditor abuse and harassment.
Below are 12 times when you can sue a debt collector.
- Calling early & calling late. Debt collectors should not be calling you before 8:00 a.m. or after 9:00 p.m. It is a violation of the Fair Debt Collection Practices Act (FDCPA) for a collector to call at a time that is known to be inconvenient. This is typically a time you are away from work, at home with your family or sleeping.
- Calling at other Inconvenient Times. If you have told a collector not to call at a certain time, that is also a violation of the FDCPA. If you work nights and tell the debt collector not to call you during particular hours, they cannot do so.
- Discussing with Third Parties. Debt collectors cannot call a family member and say that you owe them money. This is another violation of the FDCPA. They can call and ask how to reach you, but they cannot discuss your debts with anyone besides you. The only exception is that debt collectors can contact your spouse.
- When a Lawyer’s Involved. If a debt collector knows you have hired an attorney and they contact you that is a violation of the FDCPA. The reason is that the consumer may be in the process of filing for bankruptcy.
- Making False Threats. If collectors make threats and do not follow through, that is a violation of the FDCPA. This can include both legal threats such as a lawsuit, or any other type of threats.
- Calling the Wrong Party. If a collector has the wrong number and continues to call you after you have told them who you are, that is grounds for a lawsuit. The collector may think that you are lying about your identity, so they keep calling, thinking that you will come clean.
- Using Pre-recorded or automated voice calls. “Robocalls” are an illegal form of debt collecting. The Telephone Consumer Protection Act (TCPA) prohibits any company to use automated or pre-recorded calls to collect debts.
- Using Automatic Phone Dialing Systems. Telephone systems that automatically dial numbers one after another and can contact consumers up to five times per day are illegal under the TCPA.
- Misrepresenting the Nature of the Debt. Oftentimes, debt collectors pressure family members of deceased relatives to pay their debts by saying they are responsible, even if they are not. This is illegal and has severe penalties.
- Threatening Violence. Under no circumstances is a debt collector permitted to threaten violence to coerce consumers to pay their debts.
- Using Profanity. The FDCPA protects debtors from verbal abuse such as the use of obscene or profane language. If it is meant to cause harm, it is grounds for a lawsuit.
- False Representation. If a collector does not disclose who they are or why they are calling, that is a violation of the FDCPA. Collectors must disclose to the consumer who they are and that they are attempting to collect a debt either in writing or over the phone.
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If you are in financial crisis and considering filing for bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.
