Most people want to pay off their debt; however, unfortunate circumstances
in life can make it an extremely difficult task. On many occasions, a
debt collector will work with those in debt and resolve the issue.
However, not every debt collector follows the rules. Consumers can experience
hostility in the form of harassing, frequent phone calls or threats.
In order to protect customers from dealing with such behavior, here are
seven occasions when customers can sue:
Calling early, late, and at other inconvenient times. According to the federal Fair Debt Collection Act (FDCPA), it is a violation
for a debt collector or calls a consumer before 8 a.m. or after 9 p.m.,
or a time that is known to be inconvenient. If you were to inform the
collector that you work evenings and you can’t answer the phone,
they could not call.
When an attorney is involved. It is another violation of the FDCPA if a collector calls despite being
aware that you have legal representation. A consumer may attempt to file
for bankruptcy and they’ve told the collector to stop contacting them.
The use of automated or pre-recorded voice calls. The Telephone Consumer Act (TCPA) prohibits any company, including debt
collectors, from calling you on your cellphone using an automated telephone
system or pre-recorded voice without your express consent.
Discussing debt with third parties. If a debt collector attempts to reach you by contacting third parties
–such as family members, friends, or employers – and discusses
your debt with them, it is another violation of the FDCPA. However, they
are allowed to call and confirm your contact information.
Making false threats. There are some debt collectors who threaten to take action without any
merit or intention of following through. If they keep making threats without
making them actually happen, they’ve violated the FDCPA. Using profanity
and threatening violence are also considered violations.
False representation. Whether over the phone or in writing, if a debt collector doesn’t
disclose their identification to the consumer, it is another violation
of the FDCPA.
Misrepresenting the nature of the debt. A debt collector could not pressure family members to pay a deceased relative’s
debt due to moral obligation unless they were co-signers or joint account holders.
If you are experiencing
creditor harassment in Illinois,
contact our Chicago consumer lawyer at
Sulaiman Law Group, LTD today.