Debt collection is a legally regulated process, but unfortunately, many consumers experience undue stress due to unlawful tactics used by some debt collectors. If you’re facing constant calls, threats, or misleading statements about your debt, you may be a victim of creditor harassment. Attorneys for debt collection harassment are seeing a growing number of clients unaware of their basic consumer rights.
The most important protection you have is the Fair Debt Collection Practices Act (FDCPA), a federal law that limits what debt collectors can do. In addition to the FDCPA, many states, including Massachusetts, have their own consumer protection laws that strengthen these rights.
Understanding your protections under these laws is the first step toward ending harassment and restoring peace of mind.
What Debt Collectors Can and Cannot Do
Debt collectors are allowed to contact you about unpaid debts, but their behavior must comply with federal and state laws. Under the FDCPA, debt collectors cannot:
- Contact you before 8 a.m. or after 9 p.m.
- Call you at work if you’ve asked them not to.
- Use threats of violence or harm.
- Use obscene or profane language.
- Lie about the amount you owe.
- Threaten legal action they cannot or do not intend to take.
- Repeatedly call you to harass or annoy.
In Massachusetts, the Attorney General’s regulations (940 CMR 7.00) also provide strong protections. For example, debt collectors can only contact a debtor two times in a seven-day period at home and once in a seven-day period at work. A Massachusetts debt collection attorney can help you understand how these state-specific rules apply to your situation.
Why Legal Help Matters
If you believe you are being harassed by a creditor or third-party debt collector, contacting a creditor harassment lawyer is often the most effective first step. These attorneys are trained in consumer protection law and can:
- Evaluate whether your rights have been violated.
- File complaints with the Consumer Financial Protection Bureau (CFPB) or your state attorney general.
- Represent you in court if you decide to sue the debt collector.
- Stop the calls by formally demanding that collectors contact only your attorney.
Hiring attorneys for debt collection harassment is not only about stopping the annoying phone calls; it’s about asserting your rights and holding unethical collectors accountable.
Common Violations Reported by Consumers
Thousands of consumer complaints are filed every year with the Federal Trade Commission (FTC) and CFPB against debt collectors who cross the line. Some of the most commonly reported violations include:
- Threatening arrest: You cannot be jailed for owing a civil debt. This tactic is illegal and misleading.
- Contacting family or friends: Collectors may contact others only to locate you, not to disclose your debt.
- Calling after written request to stop: Once you request in writing that the collector stop contacting you, they must do so—except to inform you of legal actions.
- False representation: Pretending to be law enforcement or an attorney is a serious FDCPA violation.
When you work with a Massachusetts debt collection attorney, they will gather documentation and help you build a case if any of these actions have occurred.
Your Rights If You Are Sued
If a debt collector files a lawsuit against you, do not ignore it. You have the right to respond and defend yourself. Ignoring a court summons can result in a default judgment, allowing the creditor to garnish wages or levy your bank account.
An attorney can help you verify the debt, ensure the collector has legal standing to sue, and explore settlement options or defenses. In many cases, collectors cannot produce proper documentation to prove the debt, especially if it has changed hands multiple times.
What to Do If You’re Being Harassed
- Document Everything: Keep a log of calls, letters, and any aggressive language used.
- Request Validation: Send a written request for validation of the debt within 30 days of the initial contact.
- Contact an Attorney: Seek legal help from an attorney experienced in creditor harassment or debt collection laws.
If you’re in Massachusetts, a local creditor harassment lawyer will be well-versed in both FDCPA and state-specific protections.
Conclusion
Debt collectors must follow strict rules when attempting to collect payment, and consumers have the right to demand respectful, truthful communication. If you feel overwhelmed or mistreated, don’t hesitate to seek legal assistance. Whether it’s stopping harassment, disputing a debt, or even suing an abusive collector, a debt collection harassment attorney can guide you through the process and ensure your rights are upheld.
