In 2009, it has been reported that the FTC (Federal Trade Commission) received about 119,549 complaints from people suing their creditors and third-party debt collectors for violation of their consumer rights.
But can you really file a lawsuit against a creditor or debt collector? The answer is yes but you need to be aware about your specific rights and limitations as a borrower. The Fair Debt Collection Practices Act is supposed to protect consumers against abusive or unfair debt collection attempts. The following violations are just a few examples:
Harassment and threats. Under the law a creditor or debt collector must not use obscene or profane language even if the borrower fails to respond to their calls. Debt collectors must never use threats or make false claims (arrest, garnish wages, etc.) to force a borrower to send payment.
Calling during undue hours. Calling before 8 a.m. or after 9 p.m. is prohibited for creditors and debt collectors, unless the borrower gave consent to do so. You should also not be contacted in your place of work especially after being told not to. Calling third parties such as your relatives, neighbors or friends to ask discuss details of your debts or personal finances is also a violation of the FDCPA.
Disguises and lies. A creditor or debt collection agency must not use other entities or organizations to force a borrower to pay. For instance, if your collector disguises as a representative of a government agency or as an attorney, then it is a clear violation of the law.
Read more Should You Sue Your Debt Collector?
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