Abusive Collector Tactics
Federal and state laws limit the ways that debt collectors can pursue money from those who owe or are mistakenly viewed to owe them money. Despite these laws, however, collection agencies and other collectors frequently use illegal tactics in communication with consumers and individuals who do not understand their rights, thus allowing these tactics to continue unchecked.
At the Pennsylvania law firm of Boyle, Neblett & Wenger, our lawyers can help educate you about these tactics and the recourse that you may have if you have been subjected to abuse. Debt collectors and collection agencies are prohibited from many behaviors in collection attempts, including:
Communications at times or in places that they know are inconvenient to you
- Debt collectors cannot contact you before 8 a.m. or after 9 p.m. in your time zone
- If your employer does not permit it, they may not contact your place of employment
- They cannot contact any third party about your debt and are not allowed to tell anyone except you and your attorney that you owe money
False and misleading statements
Debt collectors are not allowed to use any false statements when they are attempting to get payment for debts. False statements may include:
- Not identifying or falsely identifying who they work for or the company they represent
- Misrepresenting the amount or legal status of the debt
- Sending official-looking documents to you that are not official documents
- Imply that a crime has been committed by not paying a debt
They also cannot imply or threaten any legal action against you, such as a lawsuit, wage garnishment or repossession, unless they actually intend to take such an action and are legally permitted to do so.
Threats and harassment
Any language or communication that is considered a threat or an act of harassment or abuse is illegal. These actions may include:
- Threats, violence or harm
- Obscene or profane language
- Calling repeatedly to annoy someone
- Threaten to take your property or to take actions against you that are illegal
Debt collectors also may not attempt to collect amounts greater than the debt that is owed. Other tactics not listed here may also be considered illegal under the Fair Debt Collections Practices Act ("FDCPA") or under Pennsylvania state law. Our attorneys can provide advice that you need to understand concerning whether tactics taken by debt collectors are prohibited behavior.
Fight Abuse Debt Collection Tactics in Litigation
When debt collection tactics are making you afraid to answer the phone, check your e-mail or open the mailbox, you need to get legal representation to protect your rights. No one should have to put up with abuse or harassment, and we can help you figure out what to do. Contact Boyle, Neblett & Wenger toll free at 866-661-7930 to discuss your case at a free initial consultation.
