Is your debt collection agency harassing you? Are they calling you all the time? Did they threaten your properties, your reputation and yourself personally? Did they also curse at you? No matter what you do they would not back down? They even call your workplace even though you specifically told them not to. Are you getting really irritated by the debt collection agency attitude?
Here is something you could try the next time they call you. Pick up the phone and tell them that they are in breach of Section 806 of the Fair Debt Collection Practices Act and that you are taking action against them.
However, before you tell them that, you should understand what the FDCPA is and how section 806 protects you.
What is the Fair Debt Collection Practices Act or FDCPA?
The FDCPA prohibits debt collectors from using unfair methods on you for debt collection and the FDCPA is implemented by the Federal Trade Commission or FTC. Section 806 declares that a debt collector cannot harass or abuse you in any way when attempting to collect on a debt.
Section 806 says debt collectors cannot call before 8am and after 9pm unless you come to an agreement that they can call you at that time.
They cannot intimidate you with physical violence nor can they hurt you, your property like your house and your reputation.
They cannot use profane language particularly using it to abuse you.
Publishing a list of people who declines to pay their debts is illegal unless it is a credit agency or consumer-reporting agency.
Debt collectors cannot put an advertisement for your debt to make you to pay your debt.
They also cannot insult your race, sexual orientation, religion and personality while you are speaking to them.
So now, you are aware of Section 806 of the FDCPA and are ready to fight the debt collection agency that had been harassing you. However, I think you should just write a cease and desist letter telling them to stop so this way you can get out of having to hire a lawyer and investing a lot of your time.
Also, you’ll written proof that you in fact did warn them. (It is best to send your letter certified or with delivery confirmation so that they cannot lie and say that you never mailed it or that they did not receive it.)
They don’t want no problems.
Usually once the out-of-line debt collection companies know that you are aware of your rights, they will back away from you faster than the speed of light. Believe me, they don’t want no problems, and the sure as hell don’t want to deal with the FTC, because the penalties that they could face just trying to go about collecting a debt in the wrong way can cost them far more than they were ever trying to collect.
So just because you’re in debt does not mean that debt collectors can treat you any ole kinda way. There are consumer protection right looking out for you. But you must be aware of them and exercise your rights!