Creditors have the right to contact consumers to collect on a debt… but there are limits to that right. Consumers are protected from harassment under the Fair Debt Collection Practices Act (FDCPA).
Your Rights Under the FDCPA
As a consumer, you are protected from creditor harassment such as:
- Incessant phone calls
- Phone calls late at night or early in the morning
- Phone calls at work, if they are aware that you cannot receive such calls
- Obscene language or threats
- Deceptive or misleading collection tactics
- Blackmail / blacklisting
Is your phone ringing constantly with calls from your creditor? Have they contacted you at work when you’ve already told them not to? Are they reaching out to your employer or another entity in an attempt to collect a debt you owe? Sounds like it’s time to take action and protect your consumer rights.
How to Stop Debt Collection Harassment
There are multiple ways of stopping those harassing creditor calls and letters. The first step you should take is to answer the phone and talk to your creditor about the harassment. Tell them that you know your rights and ask them to stop infringing on those rights. If that doesn’t work, then take the next step.
Send a letter to your creditor or the collection agency asking them to stop contacting you. The FDCPA requires creditors and collection agencies to immediately stop contacting you once you’ve submitted a formal letter requesting them to do so. If that does not work, then there is one more step.
Hire a lawyer. The Law Office of Simon Goldenberg, PLLC can help you take a credit company or collection agency to court for damages as compensation for your suffering. You should not have to deal with the stress of harassing calls and threats without being compensated – and, of course, stopping the harassment for good.
Bankruptcy As a Means of Stopping Creditor Harassment
Another way to stop collections calls is to file for bankruptcy. While this option is not for everyone, if you believe that you have no means of paying off your excessive debts, then bankruptcy may be an excellent way for you to eliminate your debt and get a fresh financial start. Plus, an automatic stay is placed on all collections actions the moment you file bankruptcy, so you will not have to worry about those phone calls or letters anymore.
Discuss Your Options with a New York Debt Relief Lawyer
Looking to stop those harassing calls and find relief from your debts for good? Call the legal team at the Law Office of Simon Goldenberg, PLLC today to discuss your situation and find out what options are available to you! Contact us today at (347) 389-0245 for a consultation.