Harassing calls and repeated letters from a debt collector can be enough to drive you up the wall. You are entitled to have peace in your home or place of business. Fortunately, the Fair Debt Collection Practices Act (FDCPA) protects you from the abusive conduct of debt collectors. This law controls what collectors can and cannot do when attempting to collect a debt. Here’s more on what you can do to get a debt collector to leave you alone.
Who Is Considered A Debt Collector?
Not everyone that is trying to get a debt paid is considered a debt collector under the FDCPA. The law describes a debt collector as anyone who is attempting to collect a debt on behalf of another person. This can include collection agencies, individuals, or companies that have bought your debt off of another person or company. In other words, the person or entity that you originally owed the debt to will not be considered a debt collector by the FDCPA.
How Can I Get A Debt Collector To Stop?
The law says that in order to stop a collector from contacting you, then you must send them a letter saying that you refuse to pay the debt or that you wish them to stop all communication about your debt. If you do this, then the only further communication that they can make is to let you know that they are stopping communication or that they are pursuing another course of action to collect the debt. The law states that, besides providing such confirmation, the collector must end all communication with you the moment that they receive your letter.
Debt collectors also must stop all communication with you if you hire an attorney to represent you concerning your debt. Critically, once the collector knows or has reason to know that you are represented, they then must direct all communication about your debt to your lawyer. In most cases, your lawyer will send a letter to the debt collector indicating that they are now representing you in this matter. You can also let the collector know you are being represented by simply telling them by phone or by letter. Only in the event that your lawyer fails to respond to the collector’s communication may they then contact you again.
If the collector continues to contact you after you have told them to stop, then they may be violating the law. If you can show that they have broken the law, you may be able to sue them and recover damages. These damages are typically in the form of a cash payment. The law limits the amount that you can receive for a violation to $1,000. You may be able to receive additional damages if you can show that you have suffered some direct harm from the violation. It is recommended that you consult with a consumer protection attorney to determine if you are eligible for compensation under the law.
Consumer Protection Attorneys
Some debt collectors will seemingly do anything to get in your face about an outstanding debt. If you have been harassed or otherwise mistreated by a debt collector, then you should touch base with a consumer rights lawyer for guidance and direction. The skilled consumer rights lawyers at The Law Office of Simon Goldenberg can help you determine your legal options. We have extensive experience defending consumers from bad debt collectors, and can help ensure that they appropriately compensate you for violating the law. To learn more about how The Law Office of Simon Goldenberg can help you, call (888) 301-0584 or contact us online.