Debt Collector Harassment: What Consumers Should Know

By Thomas Schmitt If you're dealing with debt collectors, you have more rights than you might think. Federal and Ohio state laws prohibit debt collectors from certain actions. Understanding these protections can help you recognize when a collector has crossed the line and what you can do about it. The Fair Debt Collection Practices Act (FDCPA) is a federal law that prohibits debt collectors from using conduct "the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt." Examples of prohibited conduct include:

1)    Repeated or Continuous Phone Calls. A debt collector cannot call you more than seven times within seven consecutive days about the same debt. If the collector has a phone conversation with you, they cannot call again for another seven days.

2)    Contact You at Inconvenient Times or Places: Debt collectors cannot call you at your workplace, nor can they contact you before 8:00 a.m. or after 9:00 p.m. of your local time.

3)    Calling you after you told them in writing to stop: If you’ve told them in writing (e-mail counts) that you refuse to pay or that you want them to stop contacting you, they must stop – except for court documents.

4)    Publicize Your Debt: This includes communicating with you by postcard, or using language or symbols on envelopes that indicate the sender is a debt collector. Nor can organizations publish lists of people who owe (i.e. an HOA’s delinquent owners list), or post about it on social media.

5)    Contacting Third Parties: Debt collectors CAN contact third parties, but ONLY for the purposes of locating you, and CANNOT reveal you owe a debt. They cannot discuss your debt with anyone other than you, your attorney, the creditor, or their own attorney.

6)    False or Misleading Representations. Collectors cannot mis-represent the character, amount, or legal status of the debt, and cannot falsely claim to be an attorney or that communications are from an attorney, and cannot threaten arrest, imprisonment, or property seizure (except where such action is lawful and actually intended – like repossession of a car for unpaid car loan).

7)    Threats and Abusive Language: Collectors cannot threaten to take actions they cannot legally take or don't intend to take. And of course they cannot use obscene, profane, or abusive language, nor can they threaten violence or use other criminal means to harm you, your reputation, or your property.

You Don't Have to Face This Alone!

You have legal rights, and violations of those rights can have real consequences for collectors. If you're experiencing debt collector harassment in Ohio, Eques Law Group is here to help. Our experienced consumer protection attorneys understand federal and Ohio debt collection laws and can evaluate your situation at no cost.

Contact us today for a free consultation:

Phone: (614) 324 – 3654            Email: contactus@eques.law      Website: eques.law