Debt collectors are notorious, rude, and scary when trying to get the borrower to pay up. All they engage in are tactics to try and pressure you to pay. Even crooked ones can access your contacts and call them- that’s not allowed.
These annoying behaviors by such debt collectors are why the Fair debt collection practices act was enacted, but still, some debt collectors flout the law.
Following are a few approaches that debt collectors are forbidden:
Pretending to work for a government department or agency
FDCPA prohibits debt collectors from pretending to work for a government agency.
The government protects and guards the rights of the citizens and does not harass them. So, at no given point will there be a contradiction on that constitutional right. Therefore any individual or agency that purports to be working for the government to harass you for a loan you’ve delayed paying is not genuine. They cannot claim to be working for a consumer agency either.
Threatening to have you arrested and charged
A collection agency has no audacity to claim that you’re a criminal falsely, and you’ll be arrested for not repaying your loan. The agency cannot issue an arrest warrant or put you in jail. Failing to promptly repay a mortgage or a credit card loan are not issues that would warrant an arrest or such embarrassment.
But if you receive a valid order to appear in court and fail to show up, the judge can demand you be arrested. Matters that can take you to jail are stipulated but not what debt collectors threaten you with.
Shaming you publicly
Debt collectors have no legal permission to shame you or threaten you with such, so you pay up the debt. They’re not allowed to contact you by postcard. They are also not allowed to publish the names of the people owing money. They are not even allowed to discuss the matter with anyone else rather than you or your attorney.
At some point, they may be allowed to contact third parties, but they cannot ask for your address, home phone number, or where you’re employed. Often, they are not allowed to contact those people more than once.
Collecting debt, you don’t owe
Some debt collectors are frauds of some sort and would try to rely on false information to get money from you. A creditor you owed money may have transferred the obligation to another, and some information could be missing or manipulated. So the debt collector ends up demanding money you’re not aware of.
In such a case, you have to demand more information in a written form. They should tell you how much you owe, to whom, and how to make the payment. That way, you can verify and take the necessary steps.
When faced with a rogue debt collector, it’s prudent to look for an attorney licensed by FDCPA and with experience in such litigations. The debt collectors should not scare you- an attorney will shield you from further harassment and help you get justice on the matter.
