Getting phone calls from a debt collector is extremely stressful. It can even lead to health problems due to chronic stress and anxiety disorders. If you’ve been getting a lot of collection calls from debt collectors at home and at work you might feel like you have nowhere to turn and no way to make them stop. But there are things you can do to stop the harassment. Debt collectors must obey the FDCPA and if they are violating that law you can file a claim against them.
The FDCPA Helps Protect People From Unfair Debt Collection Practices
The FDCPA is the Fair Debt Collection Practices Act. It was passed back in the 1970s to protect people from being harassed by debt collectors. Under the rules set forth by the FDCPA debt collectors can’t call you at work after you tell them not to, they can’t call you late at night or early in the morning, and there are limits on the number of times that they can call you in a day. There are also other regulations in the FDCPA designed to keep debt collectors from harassing consumers or causing them major problems at work.
The FDCPA And Voicemails
One of the rules that is outlined in the FDCPA is that debt collectors must identify themselves as debt collectors if they leave you a voicemail. However, another rule states that they cannot discuss your debt with a third party, and that includes revealing that they are debt collectors. So, if your voicemail is accessible by someone else they cannot leave a voicemail without violating the FDCPA. If your boss or your HR department or your IT department can access your voicemails at work, and most can, then the debt collector is in violation of the FDCPA if they leave you a voicemail.
Using Threats or Harassment
When a debt collector leaves you a voicemail what they say can be used against them. If you have a voicemail from a debt collector that threatens you or states that you will go to jail, or get sued, or face some other kind of legal punishment for not paying the debt make sure you hang onto that voicemail. Using threats or harassment to collect a debt is a big violation of the FDCPA and you could end up winning damages from the debt collector if they threaten you.
Why You Need An Attorney Who Knows The FDCPA
Not sure if a debt collector has crossed the line and violated the FDCPA? An attorney that experience in dealing with debt collectors and knows the FDCPA can help you assess whether or not a debt collector has violated the FDCPA. If they have then that attorney can guide you through the process of filing a claim for damages and can represent you in your court.
*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Monarch Recovery Management, Inc.* or any other third-party collection agency, you may not be entitled to any compensation.