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Home » Consumer Information

Debt Harassment

Debt Harassment | Attorneys for Orlando, Tampa, Fort Myers, Jacksonville and Miami

According to the Fair Debt Collection Practices (Act FDCPA), debt collection harassment is defined as an action carried out by a professional debt collector that is pestering, oppressing, or insulting to the consumer. Some examples include:

  • Threatening violence if consumer does not pay bills.
  • Coming to consumer’s residence and damaging personal property.
  • Using profanity over the phone.
  • Threatening to have you arrested for refusal to pay bills.
  • Persistently calling to harass the consumer about bill payment.
  • If a debt collector has no luck reaching the consumer and calls back to follow up, this is not delineated as debt collection harassment.

If a debt collector infringes upon a consumer’s rights in any way similar to the methods mentioned above, they have the right to file a complaint with the Federal Trade Commission (FTC). In turn, the FTC will investigate the company and their debt collection practices.

Creditor harassment occurs when bank or other financial institution acts in a manner that is pestering, oppressing, or insulting to the consumer when they are attempting to retrieve money owed to them. Creditor harassment is not covered by the Fair Debt Collection Practices Act, but there are some consumer credit laws that will protect you. A consumer has the option of contacting the FTC if they believe their rights have been violated. After the FTC investigates the event, it will be referred to the proper regulatory agency.

The State of Florida has legislation in place called the Florida Consumer Collection Practices Act that allows residents to sue a financial institution even though the Fair Debt Collection Practices Act prohibits any sort of action. Other states also have consumer protection laws that differ from the FDCPA.

If you believe you are being harassed or are a victim of identity theft, it is wise to pull your credit at Annual Credit Report or another similar website.