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Harassing Collection Calls

On Behalf of | Jan 20, 2013 | Consumer Protection

Consumers call our law firm with many questions about debt collectors.  Frequently, consumers ask what to do about harassing debt collection calls.  Here is the answer:

1.  Find out who is calling you.

  • Pick up the phone and ask the caller for the name of the caller
    and their location.
  • Write down the number on your caller identification.
    Either call back the number or Google it.
  • Look in your mail.  Are you getting collection
  • Read your credit report.  Do you have any outstanding debt or debt that is in default?  Your credit report must report correctly.  The Fair Credit Reporting Act requires those that report to report with “maximum possible accuracy.” If they fail to do so, and fail to take notice of your complaint into the inaccuracy of their reporting, you may be able to dispute the credit report error and recover your losses.
  • If you view your report and find errors, this needs to be disputed immediately and in a specific fashion.  See our detailed instructions on our website or call an attorney today at no cost.

2.  Keep of log of the calls and save all voicemail messages.  For a collector to be violating your rights under the Fair Debt Collection Practices Act (FDCPA), it is necessary to know what the collector is doing and/or saying.  Some violations include:

  • Call before 8:00 a.m. or after 9:00 p.m. or at any time or that they are given notice that it is inconvenient to call .
  • Tell other people (friends, family, co-workers) about the fact that a debt is owed.
  • Call the consumer’s place of employment if they have been advised that calls cannot be accepted at work.
  • Use any profane language or any language that is harassing and abusive
  • Engage in any conduct, the natural consequence of which is to harass, abuse or oppress.
  • Make any misrepresentations of fact, such as how much is owed, or certain actions they may take to force payment
  • Threaten arrest or criminal prosecution
  • Send false information to the credit bureaus
  • Cause a telephone to ring an unreasonable amount of

3.  Be careful about scam collection agencies.  It is easy for bogus collection companies to get information about a consumer and past debts from various sources.  If you get contacted by a collector who threatens arrest or demands payments ASAP to avoid arrest, demand that the collector send you proof of the debt.  Never provide personal or financial information over the phone.  This includes your social security number and your bank account information.

4.  Contact an attorney at SmithMarco for a free case review.  Our law firm has been protecting consumers since 2005.   If you have a case under the FDCPA, we can help you earn up to $1000 for violations.  Also, we can help answer questions about collections, disputing debts and other consumer-related issues.  Call to speak with an attorney or check out our website for useful information.  Our goal is to protect consumer rights. Don’ t delay, contact us today!