When you find yourself in debt, it can be incredibly overwhelming. Not only do you have to worry about how the inclusion of this debt will impact our future finances, but you may also find yourself being inundated with collection calls. Unfortunately, many feel like there is nothing they can do in these matters, leaving them to suffer the impact of constant calls and harassment. If this reflects your circumstances, it’s important to understand what your legal options are. The following blog explores if there is anything you can do to stop these calls and why connecting with a California debt collection harassment lawyer is critical.
What Are Collection Calls?
When you are in debt, the entity you owe, whether it’s a company or individual, can take measures to collect the funds. One thing they may do is place phone calls to you to remind you that you owe funds. However, these calls can often become stressful, as third-party collectors in particular are often aggressive. As such, there are laws in place to help protect consumers. It’s important to familiarize yourself with your rights, as many are under the false assumption that because they owe money, they do not have protections.
However, the Fair Debt Collection Practices Act (FDCPA) has rules and regulations that third-party debt collectors must follow when interacting with consumers, including when placing phone calls. As such, some common phone violations include, but are by no means limited to the following:
- Placing calls before 8 a.m. or after 9 p.m.
- Calling at a time they know is inconvenient for you
- Failing to identify themselves at the start of the phone call
- Pretending to be an attorney or member of law enforcement
- Calling you at work after you have informed them they cannot contact you on the job
- Calling others to disclose your status as a debtor
- Threatening jail time or violence
- Placing repeated calls in a short period of time
Can I Do Anything to Stop the Calls?
If you are facing harassment at the hands of a debt collector and their calls are incessant, generally the first thing you should try doing is sending a cease and desist letter. This informs the collector that you no longer want to receive phone calls from them regarding an owed debt. This can help alleviate the calls you receive.
It’s in your best interest to connect with an attorney for these matters. Not only will they help you draft the cease and desist, but they can assist you in documenting violations so you can pursue statutory damages under the FDCPA.
At Loker Law, we understand how frustrating it can be to receive constant phone calls about a debt. That is why our firm is committed to assisting you through these matters. Connect with our team today to learn how we can help you in the fight against collector harassment.
