However, if the steps taken to recover the debt amount to harassment or cause you trauma, then you have the right to put an end to it.
What is harassment by creditors?
Sending reminders for their dues, calling you for the purpose of recovering the debt during working hours or even taking court action are technically not illegal. Creditors have the right to recover their money owed.
However, if creditors' behavior includes the following actions, it could be seen as harassment, which you have the right to put a stop to:
As a consumer, what can you do?
You need to start keeping a record of the calls or contacts made. As a consumer, you have rights that protect you from this harassment. However, ideally, you need to get in touch with a legal professional to help you understand what would work for your case against the creditors' behavior and how best to stop the harassment immediately.
A legal professional can guide you on how to start building your case while also helping educate you on how best to deal with creditors until the harassment is brought to a full stop.
The Fair Debt Collection Practices Act (FDCPA) puts down certain behaviors by debt collectors that are not acceptable. If collectors indulge in these, legal action can be taken against them:
The FDCPA allows for certain practices such as:
Similarly, the Telephone Consumer Protection Act or TCPA also has guidelines on what constitutes legal debt collection practices. The TCPA also regulates the use of calls through automated equipment or what is also termed as robocalling. The TCPA prohibits calling debtors unless there is written consent from them. Violations to the TCPA can attract as much as $500 in monetary damages per incident. In case the violation is found to be willful, this can increase as much as by three times.
Legal Rights Advocates, PLLC (http://www.yourlegalrightsadvocates.com) is a law firm that specializes in helping clients stop the harassment from creditors or debt collectors (http://www.yourlegalrightsadvocates.com/blog/2016/december/how-to-stop-debt-collectors-harassment-.aspx) in any form, including telephone communication. Our team of attorneys, over the years, has helped countless clients get protections from debt collection practices that are deemed as unlawful and illegal under the TCPA and the FDCPA.