Debt Collection Harassment – Are You a Victim?
At the Ziegler Diamond Law: Debt Fighters, we understand how people feel when they are in debt. It can be overwhelming, and seem hopeless. There is help for debt collection harassment in St Petersburg. Consumer protections are in place to ensure that individuals are treated fairly and respectfully by debt collectors.
Perhaps this is why so many people do not address the inappropriate and sometimes illegal behavior of debt collectors. Just because you are in debt does not mean you do not have rights.
Understanding Debt Collection Harassment
Debt collection harassment is a serious issue that affects many individuals who are struggling to pay their debts. It occurs when debt collectors use abusive, unfair, or deceptive practices to collect debts from consumers. This can include making excessive phone calls, sending threatening letters, or using profane language. Debt collection harassment can be stressful and overwhelming, but there are laws in place to protect consumers from these practices.
What Is Considered Fair Debt Collection Practices Harassment?
Understanding collection harassment and what it consists of can help you get the assistance you need to stop this activity, and work on a more professional level to alleviate your debt with people who respect your rights.
The first thing to understand is that debt collection laws are regulated under both Federal and State law. There are several laws that are associated with debt collection.
It is sometimes difficult to know if you are a victim of harassment. There are many ways that a debt collector can violate your rights.
You may be a victim of harassment if a debt collector is contacting you in an incessant or inappropriate manner. If a debt collector contacts you several times a day, or at inappropriate hours, this may be harassment. If a debt collector is making repeated calls to your cell phone without your consent, this may also be considered harassment under the Telephone Consumer Protection Act (TCPA).
A debt collector cannot contact you between 9:00 PM and 8:00 AM without your express permission. If they are contacting you by pursuing you on social media, or trying to embarrass you in public, you should contact an attorney immediately.
Contacting other people about your debts, such as neighbors or family members, can also be considered harassment. Credit card companies may transfer unpaid debts to collection agencies, and these agencies must also adhere to fair debt collection practices.
Types of Debt Collection Harassment
There are several types of debt collection harassment that consumers may experience. These include:
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Excessive phone calls: Debt collectors may call consumers repeatedly, even after they have asked them to stop.
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Threatening letters: Debt collectors may send letters that threaten to take legal action or damage a consumer’s credit score if they do not pay their debt.
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Abusive language: Debt collectors may use profane or abusive language when speaking with consumers.
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False or misleading information: Debt collectors may provide false or misleading information about a consumer’s debt, such as the amount owed or the consequences of not paying.
Signs of Debt Collection Harassment
If you are experiencing any of the following, you may be a victim of debt collection harassment:
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Receiving excessive phone calls from debt collectors
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Receiving threatening letters or emails from debt collectors
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Being spoken to in an abusive or profane manner by debt collectors
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Being provided with false or misleading information about your debt
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Being contacted by debt collectors at work or at inconvenient times
Laws Protecting Consumers
There are several laws in place to protect consumers from debt collection harassment. These include:
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The Fair Debt Collection Practices Act (FDCPA): This federal law prohibits debt collectors from using abusive, unfair, or deceptive practices to collect debts from consumers.
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The Telephone Consumer Protection Act (TCPA): This federal law regulates telemarketing and consumer contact rules, including those related to debt collection.
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The Florida Consumer Collection Practices Act: This state law provides additional protections for consumers in Florida who are experiencing debt collection harassment.
Know Your Rights as a Debtor
As a debtor, you have several rights that are protected by law. These include:
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The right to be treated with respect and dignity by debt collectors
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The right to receive accurate and truthful information about your debt
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The right to dispute your debt and have it verified by the debt collector
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The right to request that debt collectors stop contacting you
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The right to sue debt collectors who violate your rights under the FDCPA or other laws.
It’s important to know your rights as a debtor and to take action if you are experiencing debt collection harassment. You can contact a creditor harassment attorney for help in stopping the harassment and protecting your rights.
Stopping Debt Collection Agency Harassment
Do not feel as if you can be pressured into paying larger installments than you can afford. A debt collector is not allowed to pressure you into paying all the money off, or cause you financial trouble by not allowing you to pay in a way that is affordable to you.
They likewise cannot pressure you to sell your home or take out additional credit in order to pay them, or imply that legal action can be taken when it cannot.
Debt collectors must identify themselves during every communication, and they must notify the consumer that they are attempting to collect a debt. When collecting debts, they must also provide clear and accurate information about the debt they are attempting to collect.
The communication between debt collectors and consumers is also very regulated. A debt collector cannot threaten you by saying they will contact your employer without a final legal decision being made. They cannot disclose, or tell you they will disclose, your credit information without notification.
They certainly may not use vulgar or aggressive language toward you or your family members. They also cannot use similar language in correspondence, such as insulting you by addressing a letter in a derogatory manner.
They also are not allowed to communicate with you directly if you have hired a debt collection defense attorney, which is why we always highly recommend that you do so.
Help of Debt Collection Harassment Attorney
If you feel that you are being harassed by a debt collector, contact the Ziegler Diamond Law: Debt Fighters today. Creditor harassment attorneys can provide the legal support needed to address and stop unlawful debt collection practices. There is no excuse for debt collection harassment in St. Petersburg.
With the appropriate defenses and assistance on your side, you can escape inappropriate contact from debt collectors and start looking for alternative and reasonable solutions to pay off your debts and get your life back.
Michael Ziegler is the managing partner of Ziegler Diamond Law, serving consumers throughout Florida. With a focus on consumer protection, Michael helps clients navigate bankruptcy, defend against debt collection lawsuits, and address credit reporting errors. Known for his strategic approach and dedication to empowering individuals to regain financial control, Michael also chairs the Clearwater Bar Association’s Small Firm section. Outside the office, he enjoys camping with his family and pursuing real estate ventures.
