Most North Carolina residents know what debt collection harassment is. Whether they have been on the receiving end of a debt collector phone call or know people who have had to deal with the harassment, it is not a pleasant situation. The Fair Debt Collection Act (FDCA) establishes rights for consumers who have debt that is being collected by a debt collector.
If you’re facing debt collectors, you may be surprised that many debt collection practices are against the law. These include:
- Multiple phone calls each week
- Early morning or late evening phone calls
- Attempting to collect more money than what is owed
- Any contact that threatens you, including threats of a lawsuit, violence, or arrest.
- Notifying a third party that you owe money
- Contacting a third party, such as family members
- Attempting to collect at your workplace
- Use of vulgar language
An attorney who specializes in creditor harassment can help their client understand their options. Under the FDCA you have rights and deserve to be treated respectfully and according to the law. The FDCA regulates creditors who are collecting on personal debt, such as credit cards, auto loans, medical debt, mortgages and student loans. Business debts are not covered under the FDCA. If you are dealing with creditor harassment you should keep records of phone calls, emails, letters, voicemails and visits with debt collectors. An attorney can stop the creditor harassment, recover statutory damages, and help their client deal with their debt in a less stressful environment.