Dealing with debt can be stressful but nothing is worst than having to deal with abusive debt collectors. Remember, just because you are in debt doesn’t mean you should put up with disrespect or unfair treatment.
In this article, let’s discuss the steps you can do to protect yourself from unfair debt collection practices.
Why Debt Collectors Resort to Unfair Practices
The Fair Debt Collection Practices Act (FDCPA) clearly states the rules when it comes to debt collection. However, many consumers may not be aware of these rules. They may not even realize that their rights are already being violated. For instance, borrowers must never tolerate abusive language, threats or verbal harassment from a debt collector. To ensure that you will have proof of complaint, it is recommended to keep a record of all your communications with a debt collector.
Consumers can record telephone conversations with a debt collector to ensure that no verbal abuse will be committed. In 38 States, recording a phone conversation with a debt collector can be done without necessarily asking for permission. However, in the other 12 states (California, Connecticut, Delaware, Florida, Massachusetts, Maryland, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington), the debt collector must informed that the conversation will be recorded.
A debt collector cannot make false claims or represent themselves as a government prosecutor or a representative of the BIR or FTC to force a borrower to pay. Add to this, the details about the debt must be kept confidential and must never be disclosed with any third party. Calling a borrower at an inconvenient time or beyond business hours is also not tolerated. Under the FDCPA, collectors must only place calls between 8 am to 9 pm.
Take Action Against Abusive Debt Collectors
Is your debt collector guilty of any violation based on the Fair Debt Collection Practices Act? If yes, tell your debt collector to stop all its debt collection activities and point out their violations. If your debt collector refuses to respond, you should immediately report the violation to the Federal Trade Commission and to the Attorney General’s Office of your state.
Although the FTC does not directly deal with consumer complaints, it keeps a record of all complaints filed against a debt collection agency and once it has collected sufficient number of complaints, the FTC has the power to shut down the agency’s operations.
