When you are in debt, it can become overwhelming. Unfortunately, you may find that when you owe funds, the entity you owe will do everything possible to recover the funds they are owed. As such, it’s imperative to understand your rights when you are facing harassment by a creditor. Though the FDCPA is generally on your side, it’s important to understand that this does not always apply to your original creditors. The following blog explores your legal options and why working with a California debt collection harassment lawyer is critical to fighting against injustices.
What Is the FDCPA?
The Fair Debt Collection Practices Act (FDCPA) is a set of federal regulations that impacts how third-party debt collectors can interact with consumers. This is to ensure consumers are not subjected to harassment and unfair treatment from those looking to recover the money they are owed. The act outlines a number of behaviors that are prohibited. This includes:
- Placing repeated phone calls
- Calling outside of permissible hours (8 a.m. to 9 p.m.)
- Failing to identify themselves as a collector
- Lying about the amount owed
- Threatening to arrest you
- Pretending to be a lawyer or police officer
- Using threatening or vulgar language
- Disclosing your status as a debtor to others
As mentioned, this only applies to third-party collectors. If you are facing harassment from the original creditor, like a bank, private lender, or credit card company, you unfortunately have very limited legal options. Until your debt moves to collections, you may be out of options.
What Can I Do if I’m Being Harassed by My Original Creditors?
Though the FDCPA protections do not apply to original creditors, this does not mean you have to endure harassment. California is one of a few states that has adopted its own version of the FDCPA, known as the Rosenthal Fair Debt Collection Practices Act. This offers expanded protection for California consumers, with the biggest difference being that the Rosenthal Act prohibits harassment from original creditors.
As such, if you are being harassed, it’s important to understand your rights. Generally, the most important thing you can do is document the instances of harassment you are enduring. This includes screenshotting call logs to show repeated phone calls from the collector, vulgar voicemails, or inconsistencies in the amount owed. Collecting as much evidence as possible can help showcase the harassment you’re enduring to fight for compensation. Typically, if you are experiencing creditor harassment that violates the FDCPA or RFDCPA, you are entitled to some sort of statutory damages in addition to any actual losses you’ve suffered.
At Loker Law, we understand how overwhelming these matters can be, which is why our firm will do everything possible to assist you with these issues. When you need help, do not hesitate to contact us to learn how we can help you seek justice for the harassment you’ve been subjected to.
