Harassment and abuse by debt collectors aren’t just behaviors limited to bullying, obscene language, and threatening with physical harm. Debt collectors know how to use tactics of emotional abuse that will embarrass the debtor to the point of desperation. The Fair Debt Collection Act makes harassment through trying to embarrass the debtor illegal, too. Here are some examples of tactics that are pointed out in the law:
- “The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of sections.
- The advertisement for sale of any debt to coerce payment of the debt.
- Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.”
Additionally, there are strict regulations about how debt collectors are to behave when speaking to third parties when they are seeking information about a debtor. This is to ensure that your situation doesn’t become public knowledge, that you do not suffer from embarrassment, and that your reputation isn’t compromised at your workplace, with a landlord or other entity that may lead to negative consequences.
According to the Act: “[Except as provided in section 804], without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.”
You should not have to bear being embarrassed for what is a personal matter, and you have recourse if a debt collector has violated the law. You are allowed to sue for damages, and may be owed an award of $1,000 if the legal finding is in your favor. This form of harassment is very common, and the attorneys at Lemberg & Associates are determined to make sure that debt collectors who have done this to their clients aren’t allowed to continue. Our attorneys are specialists in getting justice for our clients from debt collectors who employ these manipulative practices.
