Dealing with debt collectors is annoying. Call after call, letter after letter—it can wear you down. Many people don’t know their rights when dealing with debt collectors. Relentless collection practices are designed to confuse and intimidate you. The two primary federal laws that protect you are the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act

What are debt collectors not allowed to do?

Debt collectors are prohibited from engaging in many types of unfair and deceptive conduct when attempting to collect a consumer debt. Here are a few examples:

• If you are represented by an attorney a debt collector cannot contact you.
• Debt collectors cannot contact other people about your debt. The CAN try to get information about your location, phone number, etc., but they CANNOT discuss your debt with anyone else.
• They cannot call you before and after specific times of day. They cannot call you an unreasonable number of times a day.
• They cannot swear at you or threaten you.
• They cannot claim that they will have you arrested.
• If you are in bankruptcy, they cannot contact you at all.
• Collectors cannot send confusing letters.
• Collectors MUST tell you they are a debt collector.
• These are only a few things that are prohibited; if you think there’s a problem, contact us.

It is vital that you notify EV Häs of any activity that might be illegal.

If you continue to get phone calls to your cell phone, then keep track of them. We’ve attached a phone log sheet to this document. Use it to track the time and date of calls. Keep screenshots of the calls on your phone. If you get a letter, then notify us immediately. These annoying contacts can be worth money or leverage, depending on your goals.

The FDCPA allows you to collect damages and your attorney fees. In many cases those damages are “statutory” damages up to $1,000.00.

The Telephone Consumer Protection Act prohibits “robo-dialed” calls to your cell phone. The vast majority of collection calls are made with automated dialing systems. It is vital that you keep track of each call. This may involve answering a few calls to verify the identity of the caller. Each violation of the TCPA is worth between $500 and $1500. It can add up quickly.

The purpose of consumer protection laws is to stop debt collectors from behaving badly. If you don’t keep accurate records, or don’t contact your attorney, then you are giving up leverage against the bank and possibly throwing money away.

Remember, keeping in close contact with your attorneys is essential to protecting your rights. We can’t help you unless you tell us there is a problem.