If you’re tormented by debt collectors’ harassment, you have rights under the law. The federal Fair Debt Collection Practices Act prohibits debt collectors from harassing you, making false statements, and engaging in unfair practices. Your state may have additional laws that set rules and regulations for debt collectors.
According to the law, a debt collector must stop contacting you if you send him or her a cease and desist letter. Unfortunately, many debt collectors don’t abide by the law, and will continue to harass you, your loved ones, and sometimes your employer.
When a debt collector crosses the line, for example, by calling you early in the morning or late at night, you should contact an attorney that specializes in fair debt collections. Once a debt collector knows that you have an attorney, it is against the law for them to continue to contact you directly. Lemberg & Associates’ attorneys are well-versed in the Fair Debt Collection Practices Act and will stand by you if you have been subjected to unfair debt collection practices and harassment. You have a right to sue the collector in court – provided that you do so within one year. Under federal law, you can recover any financial damages you have incurred, plus up to $1,000 cash, as well as court costs and attorney’s fees. In other words, if you have a solid claim against a collector, you won’t have to pay your attorney a dime.
You can also file a complaint with the Federal Trade Commission and your state Attorney General’s office. Recently, the Federal Trade Commission forced Academy Collection Service, Inc. to pay a $2.5 million fine for violating the Fair Debt Collection Practices Act. While filing a complaint is an important mechanism to hold debt collection companies accountable, doing so won’t immediately stop the illegal behavior. However, securing representation by a fair debt collection attorney will stop the harassment and bring you peace of mind.
