It is unpleasant to take calls from debt collectors. Quite often you don't want to speak to them. You can't avoid paying them if you have spent all those dollars through credit cards. If the debt is genuine it is better to pay up. However, even if you owe the debt you are protected against debt collector's harassment .
Let us understand debt collection harassment. A debt collection agency (third party) is retained by original creditors (first party), credit card companies or banks for example, to collect a debt from you which they failed to collect. Debt collection agencies (third party) can even be companies that bought the debt from original creditors (first party) and are intent on collecting the payments from debtors (second party). Debt collectors do not have the right to harass you for the money. The Federal Trade Commission (FTC) has enforced certain guidelines for fair debt collection in the Fair Debt Collection Practices Act (FDCPA).
The FDCPA requires debt collectors to follow basic rules to collect debts from consumers.
A recent case of debt collection harassment in Dallas was resolved by the jury awarding the consumer $1.5 million for punitive damages and $50.000.00 for mental anguish against constant debt collector harassment for a paltry amount of $200.00. The collectors left obscene and racial comments on the voice mail box of the consumer. The objectionable messages were used as proof of harassment and the Dallas County Jury passed judgment in the consumer's favor.
If not for these recorded voice messages, the case could not have stood the trial.
It is pertinent to note that if you know your debt collection rights you would not be harassed. A debt collector should not call you at inconvenient times, or repeatedly or speak obscene language. A debt collector should not call your family and friends to seek information about you except for your contact coordinates. Debt collectors should not call at your place of employment knowing you or your employer would not approve it. Debt collectors should not resort to abusive or racial comments that can hurt the sentiments of consumers.
You can stop the menacing calls by writing to the debt collectors. A letter requesting the debt collectors to stop calls and validate debt through a certified mail is a powerful weapon you should use to keep the calls away. Although this does not absolve you of the debt it will stop the unpleasant harassment. Not knowing this simple technique has led many harassed consumers to consider serious actions like suicide. Some consumers end up as medical wrecks.
Debt collection has taken ugly turn with the debt collectors violating the FDCPA. To ensure you are not a victim of debt collection harassment, know your rights in the FDCPA.
