Most collection agencies are aggressive. They are no longer allowed to use profanity, threaten you with jail, or threaten you with a lawsuit that they don’t intend to file in the short term. They are also no longer allowed to contact third parties about the debt or threaten third parties in any way. They can, however, contact third parties solely for the purpose of obtaining location information about the debtor. Other than that, they shouldn’t be talking to third parties about the debt. As far as aggressiveness, what we look for, in terms of violations of federal law, are debt collectors who call excessive numbers of times a day, threaten jail, threaten an immediate lawsuit, and tell lies on the phone or in letters to get consumers to pay. Debt collectors also can be aggressive by using letters, emails, text messages, and even social media posts. We review all of our clients’ debt collection communications to look for violations of the law.
What Is Considered An Unacceptable Contact When It Comes To Debt Collection Efforts?
There are many ways in which a debt collectors violate the law. The obvious ones are threatening violence, jail, or threatening to file a lawsuit when there is not an imminent lawsuit to be filed. There are a number of other unacceptable things that debt collectors regularly do. For instance, making misleading statements in letters to the debtor, making threats in telephone calls to the debtor, or failing to include language in certain written communications, which is required under federal law.
There is a lot of unacceptable, non-compliant contact that goes on all the time and if there is something unpleasant going on in the debt collection process, you should certainly call a consumer advocate.
Are There Regulations On How Often Debt Collectors Can Contact Individuals?
There is a statute under federal law which prohibits excessive calling. In Michigan, there is a timeframe in which debt collectors can contact debtors. There are regulations and there is case law that determines exactly what is considered excessive, in terms of the number of times a debt collector calls per day. A lot of times, that is going to depend on the state you are in and the federal circuit you are in. If you think you have been contacted an excessive number of times, you should call a consumer advocate attorney.
Does The Telephone Consumer Protection Act Protect Me From Debt Harassment?
In a certain context, consumers are protected against unwanted robo-calls and unwanted faxes. However, a defense to an unwanted fax is consent. A lot of times, consumers will have unwittingly consented to receiving automated calls. It’s in the fine print of a lot of the agreements that consumers don’t really read before agreeing to. The question is whether or not there is consent for the call or the fax.
If you do receive an unwanted fax, contact a law firm such as mine.
For more information on Aggression Of Debt Collection Agencies, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 843-0550 today.