What To Do If A Debt Collector Is Harassing You

Should you ever find yourself forced to default on a debt, the cascade of consequences you’ll experience will include interacting with a debt collections agent. While most of these folks are professionals doing a job, some seem to enjoy treating people harshly. Fortunately, though, there are laws that govern how they can engage with you, plus there are steps you can take to remain in control.

Here’s what to do if a debt collector is harassing you.

Harassment Defined

The Fair Debt Collections Practices Act (FDCPA) governs people working in the debt collection industry. In keeping with this legislation, the U.S Consumer Financial Protection Bureau (CFPB) describes instances of harassment as follows:

• Making repetitive phone calls intended to annoy, abuse, or harass you or any person answering the phone
• Using obscene or profane language
• Issuing threats of violence or harm
• Publishing lists of people who refuse to pay their debts (this does not include reporting information to a credit reporting company)
• Calling you without telling you who they are

Further, they must be honest and forthright in their conversations with you. To that end, they cannot use false, deceptive, or misleading practices.

Harassment Behavior

Here are some examples of harassment behavior:

• Lying about the amount owed
• Implying they are an attorney if they are not
• Making false threats to have you arrested
• Threatening to do things that cannot legally be done
• Threatening to do things they have no intention of doing

The Federal Trade Commission (FTC) offers the entire text of harassment and best practices in the FDCPA at its FTC.gov site.

What You Can Do About It

You have the right to request collections people stop contacting you about a debt altogether. You must do so in writing, and the CFPB provides a sample letter you can use to make the request. Remember, though, this only makes them stop calling; you’ll still owe the debt until you pay it off — either on your own or through a strategy like debt consolidation, debt management, or debt settlement.

Keep Records

Record keeping is vital so you have evidence of all communication between you and the debt collection agency. Start all interactions by getting the name of the person and the company they represent. Keep track of the dates and times of all your communications and log the interaction details.

Save every communication from the collector or their representative, including voice mail, email, text messages, phone calls, and in-person exchanges. In the event of a phone call, record it.

Ask the debt collection agent for their consent to record the call and tell them you will not accept the call if they do not allow it to be recorded. Commence recording the moment they say who they are, and use video if they appear at your home, your job, or anywhere else.

Be Nice

Above all, though, make it a point to remain cordial and polite, regardless of their behavior. Being in control of your actions is important, especially as you’ll have records of every interaction, and you will look reasonable in the face of their abuse.

File a Claim

Report them to the FTC, the CFPB, the Better Business Bureau, and your state’s attorney’s general office. You can also sue them for harassment in court, where the documentation you collected can substantiate your claim. If you win, they’ll have to pay court costs and a $1,000 fine.

Summary

During recessionary times, sudden income loss can result in outstanding debts, and creditors do all they can to collect what’s owing. Keep in mind that knowing what to do if a debt collector is harassing you can help you preserve your peace of mind by being in control of your own actions during the process. Plus, you will still owe the debt.