Creditor Harassment: Know Your Rights
Debt collectors have the right to contact consumers about legitimate debts, but there are federal laws that regulate how certain debt collectors may communicate with you and what they may say or do.
The Fair Debt Collection Practices Act (FDCPA) provides important protections against abusive, deceptive, and unfair debt collection practices. These protections generally apply to debt collectors collecting debts owed to another person or company, as well as certain debt buyers and collection law firms.
It is also important to understand that the FDCPA does not necessarily apply to every creditor collecting its own debt. Other federal and state consumer-protection laws may still apply depending on the circumstances.
Knowing your rights can help you recognize improper collection practices and respond appropriately when a collector contacts you.
What Debt Collectors Cannot Do
Federal law prohibits debt collectors from using abusive, unfair, or deceptive practices when attempting to collect a debt.
For example, a debt collector generally cannot:
• Harass or abuse you. This includes threatening violence or harm, using obscene or profane language, or repeatedly contacting you with the intent to annoy, abuse, or harass you.
• Lie or mislead you. A collector cannot falsely represent the amount you owe, pretend to be an attorney or government representative when they are not, or threaten legal action they cannot legally take or do not intend to take.
• Publicly shame you about a debt. Debt collectors generally cannot disclose your debt to other people simply to pressure or embarrass you.
• Use unfair collection practices. Collectors cannot use deceptive or unfair methods to try to collect money from you.
• Contact you at prohibited or inconvenient times or places. Federal rules generally restrict collection calls before 8:00 a.m. or after 9:00 p.m. in your local time unless you agree otherwise. Collectors also must honor certain requests regarding inconvenient times or places.
How Often Can a Debt Collector Call You?
Federal debt collection rules place limits on repeated telephone calls about a debt. Generally, a debt collector is presumed to violate federal law if it places more than seven telephone calls within seven consecutive days regarding a particular debt.
After a debt collector has a telephone conversation with you about a particular debt, the collector generally must wait seven days before calling again about that debt.
These limits generally apply per debt, so the rules can work differently when a collector is attempting to collect more than one debt.
The rules are intended to protect consumers from excessive or harassing telephone calls while still allowing legitimate collection communications.
Can You Tell a Debt Collector to Stop Contacting You?
Yes. Under the FDCPA, you generally have the right to tell a debt collector in writing to stop communicating with you.
After the collector receives your written request, it generally may contact you only to confirm that further communication will stop or to tell you about a specific action it may take, such as pursuing a legal remedy.
However, telling a debt collector to stop contacting you does not make the debt go away. The collector may still use other lawful methods to collect the debt, including filing a lawsuit if the debt is legally enforceable.
Keep a copy of your written request and proof that it was sent. This documentation may be important if there is later a dispute about the collector’s communications.
What If You Don’t Recognize the Debt?
If a debt collector contacts you about a debt you do not recognize, do not assume that you owe it simply because the collector says you do. Ask for information about the debt and review the collector’s validation notice carefully.
Under federal law, debt collectors generally must provide certain information about the debt, including the name of the creditor and the amount claimed to be owed. The validation notice also explains your rights to dispute the debt.
If you dispute the debt in writing within 30 days after receiving the validation notice, the collector generally must stop collection activity on the disputed amount until it provides verification of the debt or a copy of a judgment, as applicable.
Keep copies of your letters, notices, account records, and proof of mailing. Good documentation can be extremely important when dealing with a disputed collection account.
What Should You Do If a Debt Collector Harasses You?
If you believe a debt collector is harassing you or violating your rights, document what is happening. Keep copies of letters, emails, text messages, and voicemails, and make notes of telephone calls, including the date, time, caller’s name, company, and what was said.
You can report problems with a debt collector to the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC). You may also contact your state attorney general’s office about your rights under state law.
Consumers may have the right to take legal action when a debt collector violates the FDCPA. Depending on the circumstances, an attorney experienced in consumer law can help you understand what remedies may be available.
Do not ignore court papers or a debt-collection lawsuit. A request to stop communication does not prevent a collector from taking lawful legal action. If you receive a summons or other court documents, pay close attention to the deadlines and consider obtaining legal advice promptly.
Know Who You’re Dealing With
Before sending money or providing personal information, make sure you know who is contacting you. A legitimate debt collector should be able to provide information identifying the collection company, the creditor, and the debt it claims you owe.
Be cautious if someone pressures you to pay immediately, refuses to provide information about the debt, threatens you with arrest, or demands payment through unusual methods. These can be warning signs of a debt collection scam.
If you are unsure whether a collector is legitimate, independently verify the company’s contact information rather than relying only on a phone number, email, or link provided by the caller.
Never provide sensitive financial or personal information until you are comfortable that you are dealing with a legitimate company and a debt that actually belongs to you.
You Don’t Have to Face Collection Problems Alone
Dealing with collection accounts can be stressful, especially when you are unsure whether the information being reported is accurate or whether a collector is following the law.
At Credit Help USA, we help clients review their credit reports, understand the accounts affecting their credit, identify information that may be inaccurate or incomplete, and determine appropriate next steps for addressing credit-reporting concerns.
While Credit Help USA does not provide legal advice or represent consumers in court, we can help you better understand your credit reports and develop a personalized plan for improving your overall credit profile.
Sources & Consumer Resources
Consumer Financial Protection Bureau (CFPB)
• Debt Collection
• What Is Harassment by a Debt Collector?
• What Should I Do When a Debt Collector Contacts Me?
Federal Trade Commission (FTC)
• Debt Collection FAQs
