The last thing that can help when you are in debt is facing continual harassment by a debt collector. Unfortunately, many consumers assume that because they owe a debt, they have no rights in these matters. As such, it’s imperative to understand that you have a litany of rights when interacting with these individuals, as per the Fair Debt Collection Practices Act (FDCPA). It is critical to understand that you can recover statutory damages for violations of this law. However, you’ll need to understand how to document debt collector harassment first. The following blog explores what you should know about these matters, including the importance of working with a California debt collection harassment lawyer to explore your legal options.
What Constitutes Collector Harassment?
Debt collector harassment is used to describe instances in which those who owe a debt, primarily third-party debt collectors, use manipulative, abusive, or deceitful means as a way to recover the funds they are owed. Under the Fair Debt Collection Practices Act, the following practices are prohibited and considered harassment:
- Placing repeated calls in a short period of time
- Calling outside of permissible hours
- Using vulgar and threatening language
- Talking to others about your debt
- Misrepresenting themselves as a lawyer or member of law enforcement
You should note that this is not an exhaustive list and only represents a small portion of prohibited behaviors. It’s also important to understand that California has its own version of the FDCPA, which has expanded protections to shield consumers from harassment by original creditors as well.
How Do I Document Instances of Debt Collector Harassment?
If you are facing harassment from a debt collector, it’s imperative to document these instances to fight for the compensation you are entitled to recover. It’s critical to understand that this not only entails the statutory damages you are entitled to under the FDCPA, but also any economic and non-economic damages you have suffered as a result. However, you’ll need to ensure you have proper documentation to fight for this justice.
Though you may assume the easiest way to prove the harassment you are experiencing is through recording any phone calls, it’s vital to note that California is a two-party consent state when recording conversations. As such, if you do not obtain the consent of the creditor, any recordings you have can be deemed inadmissible, and you could face legal consequences for the illegal recordings.
However, there are other forms of evidence you can gather. This includes copies of letters you’ve sent through certified mail requesting debt validation, screenshots of call logs showing repeated phone calls, and logs of all communications with the collector.
Fighting against harassment from a debt collector can be overwhelming. That is why the team at Loker Law, APC, is ready to assist you through these difficult times. When you need assistance, our firm is here. Contact us today for more information.
