- Lemberg Law
- FDCPA – Debt & Credit Complaints
- Debt Collection FAQ’s
- Can I Sue a Debt Collector For Harassment?
Yes. The federal Fair Debt Collection Practices Act specifically gives you the right to sue a debt collector for harassment. If a debt collector is found to have engaged in harassing behavior, you are entitled to up to $1,000 in damages, along with court costs and attorney fees.
Debt collector harassment violates the federal Fair Debt Collection Practices Act. (FDCPA). The law, which is codified in 15 U.S.C. 1692, prohibits debt collectors from engaging in a number of specific behaviors. Under the FDCPA, if a debt collection agency violates the law, you have the power to sue for debt harassment.
Types of debt collector harassment or abuse
Under the FDCPA, debt collection collection agencies can’t harass or abuse you. For example, a debt collector can’t threaten to physically hurt you, nor can they threaten to smear your reputation. A debt collector also can’t swear at you or use profanity. In Horkey v. JVDB & Associates, Inc., a debt collector phoned and told Ms. Horkey’s coworker, “Tell Amanda to stop being such a f—- b—-.” Ms. Horkey sued, and the court ruled that the collector violated the FDCPA.
Debt collectors are notorious for calling consumers nonstop to pressure them into paying. The FDCPA prohibits calling repeatedly or continuously, but doesn’t specific the number of times a debt collector can call. Generally speaking, if a debt collector is calling several times a week, that’s harassment. In addition, the law says that it’s illegal for a debt collector to call you at your workplace when they know that you’re not allowed to receive calls at work. In Austin v. Great Lakes Collection Bureau, Ms. Austin won her lawsuit against the debt collector because they had continued to call her at work, even though she had told them to stop.
Other types of illegal debt collector practices
The FDCPA outlines a number of other unfair debt collection practices. For example, a debt collector can’t talk to another person about your debt and they must identify themselves as debt collectors when they call you. In Foti v. NCO Financial Systems, the court ruled that it was an FDCPA violation when NCO left a vague voicemail asking the person to return their call without saying that they were from a debt collection agency. They can’t threaten to sue you if they have no legal authority to do so, or if they don’t actually intend to follow through.
This is just the tip of the iceberg. If you feel as though you are being harassed by a debt collector, chances are good that they are violating the law. There are some cases that are particularly egregious, and others that are more run-of-the-mill.
This case demonstrates a classic case of debt collectors going far. In 2011 the Federal Trade Commission (FTC) sued a California company that harassed consumers by threatening to kill them and their pets, threatening to desecrate the bodies of their deceased relatives, and revealing their debts to third parties, including employers and neighbors. This is an extreme case, but it illustrates how the length to which some debt collection agencies will go.
If you are uncertain whether or not a debt collector harassed you, it’s important to contact an attorney who is experienced in protecting your rights under the FDCPA.
Can I collect damages if I successfully sue a collector for debt harassment?
The FDCPA says that consumers are entitled to sue debt collection agencies. If a debt collector has violated the law, you can recover up to $1,000 in statutory damages, court costs, and attorney fees. This means that you should not have to pay a dime out of pocket to have an attorney represent you in your FDCPA case.
If a debt collector has been hounding you, call 475-277-1600 for a free, no obligation case evaluation. Our attorneys have experience in fighting debt collectors and standing up for consumers. You have rights. We’ll help you get the justice you deserve.
Austin v. Great Lakes Collection Bureau, 834 F. Supp. 557 (D. Conn. 1993)
Horkey v. JVDB & Associates, Inc., 179 F. Supp. 2d 861 (N.D. Ill. 2002)
Foti v. NCO Financial Systems, Inc., 424 F. Supp. 2d 643 (S.D.N.Y. 2006)
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My loan was transfered to a different servicer, Select Portfolio Servicing, Inc. in February. I have made every payment from February to current. I receive a past due notice every month since the loan was transfered stating that I owe a month in arrears and they are charging late fees. All the monthly payments have been paid before the late fees are due and I have contacted them numerous times and sent them evidence of payment but they are still send me monthly statements saying that I am a month behind. I am tired of the harrassment because I have done everything I can to address the issue. The last notice said that I did not pay January’s payment. How can they be asking for January when they did not receive the transfer until February. I paid January to the last servicer and I sent them a copy of the payment.
Please help me slice is harassing my brother alot he is hospitalized and is in unwalkable condition please help me
I have a credit card company calling me at least 20 times a day, can i sue them for harrassment
I’ve had a debt collector now for the past month call my sister-in-law who I don’t live with her also called my mother who I do live with looking for me and making it presumed like there was a warrant out for my arrest and they were trying to locate me this bill is over 4 and 1/2 to 5 years old they have now finally gotten a hold of me when I talked to the lady and told them what they have done is harassment she been told me I need to man up and take care of my responsibilities this is on her recorded line she says that she is a manager of this facility and the person higher up than her is the owner won’t allow me to talk to your owner for the way that she has conducted herself and treated me so I would like to
[…] Debt collectors, though irritating, are still individuals trying to do their jobs. It’s legal and acceptable to attempt to collect on a debt. However, there is a line between standard collection calls and harassment. The simple act of calling to collect on a debt does not equal harassment. There are several actions a caller can take during the call that qualify as harassment. […]
I get a letter from the guys/gals in California stating I have an unpaid balance at a hospital that I know nothing about. I ask did they simply “buy bad debt” and she says yes…well that solves my problem that’s their problem if they buy something that is bad. So I demand a signed invoice with a letter head and a signature of a company officer….I get a letter from the people in Texas…..I get a simple “list” of proposed items from a hospital that was supposedly was for “my” visit……a joke. So when they call back, (if they do)..,I ask personal questions like… if it’s a lady, I ask if she ever goes out in public without a bra…….HA..! if it’s a male, I will ask for some good pics of the wife…”you know the good ones; the ones you show your buddies. They don’t call back most of the time. I can play the harassment card to
A debt collector called yelling at me, they did not identify themselves and I was told that I was going to be arrested if I did not pay my debt. He insisted that if I did not admit to this debt I was going to be arrested at my place of employment. What can I do?
Consumer Portfolio Services CONSTANTLY calls me, sends emails, and text messages. Even after paying them $2,000 to get the car out of repo, after them telling me that $2,000 would bring me current- no, a few days after that another payment was due so I didn’t even go but a week and then they were after me for another payment after beg stealing and borrowing to get that $2,000. Then they refused to help by putting that payment in the rears. So I then go over a year trying to get back good because they have rediculous late fees each month. So because of that one payment, I always looked one month behind, even tho every single month I would send more than my regular payment. I told them of this arrangement, yet they called and left many messages at my work, and they even called my niece- and I was sending regular payments each month! Some months even extra! How embarrassing to call my family members!
We finally got good with them, then covid came, my husband and I both lost our jobs. Now I’m sending them $100 a week I told them until I can get back on my feet. Even though I explained this arrangement both to a representative of CPS on the phone for over an hour, I also emailed another rep too. Even still I get text message today saying my payment of $150 I recently sent, they are now saying it wasn’t enough! This, when I’ve been emailing another rep just this week! I sent her an email explaining I sent a payment in (over $100 as per our arrangement) and then she asked what day will I be sending my payments and I emailed her explaining that too. I told her to please notate all of this communication onto my account, but I still get a text this morning saying my recent payment wasn’t enough! I get constant phone calls through the month emails and text messages it’s ridiculous they won’t leave me alone. Also the last phone conversation that I had she kept pressuring me to let them take it directly out of my account rather than to send it in as I could.
This after I explain to her that my unemployment was coming up and I would have to do an extension and I already knew that I would go a few weeks without a check until they approved of my claim when I had to refile. I explain to her that I didn’t know how I was going to pay my electric that was due to be shut off the very next day. She tells me oh there are government programs out there for that. I explainEd to her how I’m not able to pay any of my bills at this time, and she kept pressuring me to let them take it directly out of my account. I told her that I simply could not do that because I had to file an extension on my unemployment and I would not be receiving a check for a few weeks. She asked me how much I was getting with unemployment and also asked about my husband and said well that his income $275 a week is at least some income and acting like I could make my payment just fine out of that. She wasn’t even taking into place that I have other bills I have to pay as well. It made me very uncomfortable the way she pressured me to try to do that. I finally said I need to talk to my husband about this etc. she didn’t like that statement either. So thankful that I did not let them do that because I had to go three weeks without a check at all and we barely made it through.
Now I recently got back on my unemployment extension was approved and I sent them 150 and now they’re texting me saying that that is not enough. This after we’ve already talked about this arrangement of $100 once my checks started back up.
They call constantly and when you don’t answer the phone calls they say that you are ignoring them and accuse me of not doing anything on my end to try to help your situation. But when you answer a phone call from CPS, you better have at least an hour, or an hour and a half of your time to devote to them trying to explain your situation again, just like you you’ve tried to explain it to them before.
They have added so much more stress to my life I can’t stand this company. I’ve never had a debt collector contact family members much less contact family members when I wasn’t even a month behind. Like I said I was sending them regular consistent payments each month, sometimes paying them more than the regular monthly payment trying to get back on my feet.
This is so stressful.
Debt collector was calling me everyday. Never identified themselves instead they tried to get me to identify my information. I would not confirm anything so then they started calling my work. They called my work confirmed my name because I didn’t know it was them calling me at work, he said I was being put on a recorded line. I then hung up because I was at work. They have not called me in 2 days. Now I’m worried they are going to try to garnish my wages, because they just stop calling after calling everyday for a month or more
I get a call from vsg debt collector asking for and give me the name and previous address and last 4 ss digits I never agree to those being mine and ask what it’s about since they never called before or mailed me any letters when I ask what is it about they say have a nice day or nevermind then hang up. They call at least twice a week bit refuse to give any info on why calling.
I had a car that was totaled and I also have gap. The car loan is calling me non stop and when I say well the car was totalled and insurance has cut a check they get rude and say they do not work in that dept. So when I call the correct dept they give me a run around and blame error on progressive however per a 3 way call as of Feb 20th the wait was with the loan comp yet they are still calling and showing my credit report as missed payment and my score was went down so much it is sad. Either way they never follow up with a call back like they say they will for a update I just get the run around non stop.
I have an issue I’m not sure how to handle. I had a credit card called orchard bank. It was bought out by GM in 2012 so orchard bank no longer exists. Anyway I have two debt collectors saying the other is fraud. That I still owe $590 to orchard bank. Yet when I tried paying the bill to Alliance Recovery it shows as UFI Global on the credit card slip. The next day I get a call from Global Finance claiming to cancel the card I was scammed so I did. When I asked them to change my address on the paperwork they had. The address they have does not exist they said I will do it later. Which is the same response I got from the other call the day before by Alliance Recovery. So I refused to pay the bill to Global Finance because I feel they are scamming to. The next day Alliance Recovery calls me asking why I canceled the payment. I said Global Finance says your a scam. She said no they are uggggg seriously. I refuse to pay either now I’m to old for childish games. They call my family constantly even after I asked them not to. And now they aren’t just calling and threating me with attaching wages but they are texting me now to uggg. The woman from Global Finance claims she is with arbitration. So I called GM directly and gave them all my info since I knew they bought out Orchard Bank in 2012. And that’s also the info Global Finance gave me when I asked. GM took my name and ss# and has nothing on file with my name. They never even heard of me. How is that possible when two debt collectors are harassing my family and I over something the company bought and would know about? Who do I trust in this situation? I’m so confused and stressed out. Please any advice would be most helpful.
I recently fell behind on my bills. I have two bill collectors calling several times a day. I have a particular one that is calling my work phone after I asked them not to, they stop calling regular and started calling private, they have told me that they are going to garnish my wages, I will have to pay double and sent letters, and still have not taken any actions yet. But I have all of the recording from when they called me at work.
I have another who is calling me on a home number, that I did not provide them and I just had changed and they got it again.
I Received calls at workplace from debt collection agency – today I received a debt collection letter at work..
I paid my debts off thru a consolidation program in 2008. One of the banks insists i still owe them and has a collection agency contacting me, I have the paperwork proving my debts are paid, Can i sue for harassment?
I have a loan thru a finance company thru a car dealership. The original arrangement was with another finance company. However, the finance company switch the date for me to make a car payment. Now they are calling 10 to 15 times a day. I do not answer because that is just too annoying. I make payments to the account. But nevertheless, they have called my references seeking information on my whereabouts. I am still at my home for 8 years. I have been diagnosed with cancer and the finance company is aware of my diagnosis. I advise them I will catch up and have been paying consistently. Just 1 payment behind. So is there anyway possible for me to get them from calling so much now or do I have to change my number to have this end?
I think you will have to settle for whatever they are offering. If they offered you less amount in the past and you could not pay, then seems like you missed your chance.
Question: I am receiving letters from Alliance One receivables management Inc.
They keep sending me letters in regards to paying off a closed account debt with Firestone. The problem is, is that I keep getting them with different lowerpayoff amounts than the debt. Which is (1217.) Ex one in Dec for 547. Then another in Jan stating tax time is here soon
Pay off 608. I left a message for them in Feb to pay off or monthly arrangements no call back. I called today first they say 860. Then sorry best we can do is 730.41. I would rather have paid the 547. But did not have the money at the time. Now I’m calling because it’s Tax time and now it’s 730.41 saying they have to reopen my account with credit first when I know that debt was already closed by the banks and now they’re collecting on a debt that they bought for pennies on the dollar. I would settle for the
547. But I see now that they just want more money as time goes on. How do I resolve this? Any advice?