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Author: Sergei Lemberg
Can a Debt Collector Swear at Me?
![Debt Collector Swear at Me]()
General Rule: No, a collection agency cannot swear at you with the intent to harass you.
It’s a common reflex for a person to cringe when they answer the phone and realize it’s a collection agency. Dealing with debt can be a stressful process. This stress will only get worse when dealing with an aggressive and unprofessional collection agency.
You may ask, can a debt collector talk to me however they want when they call? The answer is, no. The Fair Debt Collection Practices Act (FDCPA) is a federal law that regulates the conduct of third-party debt collectors. Among other things, it prohibits collection agencies from engaging in various forms of harassment.
Are you receiving a call from a collection agency that resorts to obscene language? Below you will learn when this is illegal. In addition, there are actionable tips you can use to put a stop to obscene and other types of harassing language from collection agencies.
What Did They Just Say?
When you get a call from a collection agency, both parties should be professional and courteous. However, a collection agency is under a legal obligation to do so. It can be jarring and off-putting to receive a call from a rude collection agency. The situation can get worse if the debt collector starts using obscene and profane language during the call.
However, sometimes a collection agency will use this type of language with you during a phone call. They may do this to intimidate you or they might just use obscene language out of frustration. That being said, if they are trying to harass you, the collection agency has violated the FDCPA.
Offensive language is not limited to curse words. A debt collector may resort to any of the following:
- Racial slurs
- Name-calling
- Swearing
- Other types of offensive or vulgar language
If a collection agency uses this language to coerce you or cause any discomfort or stress, it is illegal. This is even the case if it’s in response to your use of profane or obscene language.
Harassment, Obscene Language and the FDCPA
Sometimes a collection agency uses inappropriate language in the course of their conversation with you. Offensive language is explicitly prohibited under the FDCPA if the intent is to harass you. Specifically, a collection agency is not allowed to use obscene or profane language.
This is one of many restrictions for collection agencies and their communication with you. They also cannot:
- Call you repeatedly
- Call you at inconvenient or unusual times
- Make threats of violence or force during a call
- Make threats of taking illegal action (e.g. garnish your wages without a judgment)
- Make threats of action they do not intend to take to coerce you into making a payment
Are There Any Remedies For This Type of Behavior?
If a debt collector is acting unprofessionally and using obscene language, you do not have to listen to it. If a debt collector starts cursing at you, you are free to hang up the phone. However, there are other things you can do to put a permanent end to this type of behavior.
If a collection agency is harassing you with obscene language, take the below action:
- Notify the debt collector about the violation. A collection agency might not know that one of their employees is talking to people like that. If you provide details on the violation, the collection agency may put a quick stop to this unprofessional behavior.
- Request All Communication End. You can do this by sending a cease-and-desist letter. It’s good practice to send the letter by certified mail so they cannot claim they did not receive it.
- Have a Federal Agency Intervene. Certain federal agencies will work to resolve an issue you are having with a collection agency. You can submit a consumer complaint to the Consumer Financial Protection Bureau (CFPB). Since this is a violation of the FDCPA, you can also send a complaint to the Federal Trade Commission (FTC).
- Take the Collection Agency to Court. If the above actions do not resolve the situation, you can sue the collection agency. Not only can a court stop the illegal behavior, but they may also award you damages. For instance, a violation of the FDCPA will result in statutory damages up to $1,000.
Note: A collection agency will have an attorney represent them. Consider hiring an attorney that specializes in handling these types of cases.
- Discuss a Settlement Alternative. A collection agency likely does not want to tarnish their reputation with a lawsuit if they know they are in the wrong. This can work in your favor by negotiating a favorable settlement of your debt.
If the debt does not belong to you, you will want to dispute it. Under the FDCPA, you can dispute a debt within 30 days of formal notice about the debt from the collections agency.
Conclusion
If a collection agency is contacting you, they should treat you with respect and courtesy. If a collection agency is getting aggressive and swearing at you, you can stop them with the tips provided in this article.
However, you might have additional questions about your particular situation. If so, you always have the option to discuss your case with a consumer rights attorney. They can help you identify the best course of action to address an abusive collection agency.
Additional Resources
About the author:
Sergei Lemberg is a consumer rights attorney, practicing since 2006, whose practice focuses on consumer law, class actions and personal injury litigation. He is known for a United States Supreme Court case (Facebook v. Duguid) defending consumers from autodialers under the Telephone Consumer Protection Act of 1991 to send unsolicited text messages. He is also the author of Defanging Debt Collectors, a book that teaches consumers how to battle debt collectors and win.
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