When Debt Collection Pressure Crosses the Line

By Thomas Schmitt In our last blog, we discussed that federal and state law prohibit debt collectors from certain behaviors, like harassing or abusing you, if they publicized your debt, or of they made making false threats, and briefly discussed what you should do if you’re being harassed. But how do you know if that collection call is real, and if it was and they crossed the line, what should you do?

What You Should Know About Validation Rights

When a debt collector first contacts you, they must send you written "validation notice" within five days containing specific information about the debt, including the amount owed and the name of the creditor. Recent federal regulations require even more detailed information in validation notices, including an itemization of the current debt amount and information about the original creditor. You have 30 days from receiving this notice to dispute the debt in writing. If you do, the collector must stop collection efforts until they provide verification of the debt.

What you should do when the line is crossed.

1)    Beware of Scams. Many scam artists will contact you posing as a debt collector – whether using the name of a legitimate financial institution or the IRS, or with some generic description like “medical debt,” and they often create urgency with threats. Before you agree to give any financial information, make sure it’s valid, and if it’s not and they threaten you, contact the police.

2)    Document it. Keep detailed records of all communications: dates, times, what was said, who called, and any threats or abusive language used. You may even save voicemails, letters, and emails.

3)    Send a Written Cease Communication Letter. Tell the debt collector in writing to stop contacting you. Once they receive your letter, they can only contact you to confirm they're stopping communication, or to notify you of specific legal actions they intend to take.

4)    File a Complaint: You can file complaints with The Consumer Financial Protection Bureau (CFPB), The Ohio Attorney General's Office, or The Federal Trade Commission (FTC)

5)    Consider Legal Action: You may be able to sue a debt collector who violates the FDCPA. If you win, you can recover actual damages (like emotional distress or lost wages), statutory damages up to $1,000, and attorney's fees.

If a legitimate debt collector has crossed these lines, you may have legal recourse—including the right to sue for damages and attorney's fees.

Contact Eques today for a free consultation!

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