California residents like you may find yourself in a sticky financial situation at some point in your life. When you are already dealing with the stress of debt, harassment is the last thing you need.
Unfortunately, some debt collectors cross the line and begin to harass people they try to collect from. Are you facing this harassment? If so, is there anything you can do about it?
Actions banned by the FDCPA
The Consumer Financial Protection Bureau examines the definition of debt collector harassment. It is the intentional abuse, oppression or harassment of people in debt. Under the Fair Debt Collection Practices Act (FDCPA), debt collectors cannot use any abusive, harassing or oppressive tactics to collect.
Examples of such tactics include:
- Use of profane or obscene language
- Threats of violence or harm
- Repeated phone calls made with the intent to annoy or harass
- Refusing to identify themselves over the phone
- Making public lists of people who owe debts to shame them
No use of deceptive practices
Debt collectors also cannot misrepresent under the FDCPA. They cannot use misleading, false or deceptive practices to get you to pay. Misrepresentations include lying about the amount you owe or pretending to be an attorney when they are not. They also cannot falsely threaten to have you arrested or make any other threats that are not legally possible. They cannot make threats that they do not intend to follow through on, either.
If you are suffering from any of these, then you are experiencing debt collector harassment. There are many ways to stop this harassment, but one of the fastest is by filing for bankruptcy. This protects you from harassment while also giving you the chance to get out of debt, making it a good potential solution.