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Understanding Creditor Abuse

According to the Federal Trade Commission (FTC) Fair Debt Collection Practices Act, creditors are only allowed to collect money from debtors according to specific rules. These rules are designed to protect debtors' rights. Generally speaking, FTC defines creditor harassment and abuse as "any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with collection of a debt."

Additionally, debt collectors are never allowed to represent themselves deceptively or falsely. The FTC says, "A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt." For instance, a debt collector is never allowed to imply that he/she is an attorney or that any of their communication is from an attorney. It is illegal for a debt collector to threaten legal action if he/she does not intend on taking it.

In short, debt collectors are not allowed to use any type of deception to collect payment from debtors. For instance, if a debt collector appears at your door and implies that he/she is an attorney or is communicating on behalf of an attorney, the debt collector has violated the Fair Debt Collection Practice Act. Similarly, if a debt collector implies that documents are part of a legal process when they are not, he/she has violated FTC debt collection guidelines.

The FTC also outlines a serious of "unfair practices" that debt collectors and creditors are not allowed to use against debtors. The Fair Debt Collection Practices Acts says, "A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt." This includes depositing (or threatening to deposit) post-dated checks, communicating with debtors via post card, or charged debtors hidden fees for collecting telephone calls, etc.

Are debt collectors harassing you?

While every debt collector has the right to pursue the debt that is owed to them, it is illegal in the United States for them to use harassing or threatening methods to do so. Under the National Fair Debt Collection Practices Act, certain behaviors are prohibited. If you feel you are being harassed in an inappropriate manner by debt collectors, contact our office today. The firm can help you put an end to the harassment, so that you can stop being humiliated by debt collectors who are breaking the law.

Certain practices that are prohibited under the National Fair Debt Collection Practices Act include the following:

  • Collectors calling without identifying themselves
  • Using obscene language, insults or racial slurs in calls or on a voicemail
  • Threatening harm or violence
  • Pretending to be an attorney or court employee
  • Using more than one collection company to collect a debt
  • Calling before 8 AM and after 9 PM
  • Contacting a person frequently and repeatedly
  • Disregarding the fact that the so called debtor does not actually owe the money
  • Contacting family members or friends of the debtor to collect the debt
  • Calling the debtor at work, after requests have been made not to do so
  • Threatening arrest if the debt is not paid

If you have been subjected to any of the above treatments, you have a legal case on your hands, and you need to hire an attorney to help you put an end to it. You do not have to put up with being treated in a degrading and inappropriate manner anymore.

In addition to speaking with your debt collectors on your behalf, an attorney from Price Law Group can help you explore options to get out from under your debt once and for all. Whether bankruptcy, debt settlement, or a loan modification, the firm can help you understand your options, and decide which course of action you should take. The legal team can put an end to the harassing and threatening letters and phone calls so your life can go back to normal.

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