Under the Fair Debt Collection Practices Act (FDCPA), creditors are limited in their abilities to contact you to receive payment. They must not call you at unreasonable hours (before 8:00 a.m. or after 9:00 p.m.), call you repeatedly, threaten you, misrepresent the truth, call you at work, contact a third party (except for your lawyer or spouse), or use abusive language. If you owe a debt, and the credit agency illegally harasses you, there are several steps you can take to seek relief.
In order to stop creditor harassment, you can:
- Write a letter to the credit agency to request them to stop contacting you
- File a complaint with the Federal Trade Commission (FTC)
- Send a copy of the complaint to the state creditor harassment agency
- Sue the debt collection agency
If the first option fails, and the credit agency continues to harass you, you may file a complaint with the FTC. You should keep records and documentation of all the incidents of harassment. This may involve recorded conversations, written communications, and a personal debt collector journal. In the complaint letter, include the dates and times of contact, the specific details of the harassment, the names of any witnesses, the name and address of the collection agency, and any copies of documentation.
In general, you should only sue the agency if you have a strong case. Because the FDCPA is a strict liability law, you won’t have to prove actual damages. You will be granted up to $1,000, as well as attorneys’ fees and the cost of actual damages, upon proving the collection agency’s violation of federal or state laws.
Call Our Jacksonville Bankruptcy Attorneys Today at (904) 770-3141
Owenby Law, P.A. is committed to defending clients against unfair debt collection practices. The Federal Trade Commission enacted the FDCPA to protect debtors from illegal and harassing credit agencies. If you are being harassed, our legal team can fight on your behalf.
Contact us today for a free initial consultation.