Debt collection is a legitimate activity that allows creditors to recover money owed to them, but there are strict legal boundaries that debt collectors must follow. When these boundaries are crossed, particularly in Texas, the act of trying to collect a debt can shift from being lawful to criminal. As an attorney who has represented thousands of clients facing debt collection issues, I’m here to explain when debt collection practices become harassment and what you can do if you’re being harassed by a debt collector.
Federal and Texas State Laws on Debt Collector Harassment
Debt collectors are governed by both federal and state laws designed to protect consumers from abusive practices. The primary federal law is the Fair Debt Collection Practices Act (FDCPA), which sets standards for how debt collectors can communicate with you, and what actions they can and cannot take. Texas also has its own law, the Texas Debt Collection Act (TDCA), which mirrors the FDCPA but also includes additional protections for Texas residents.
Under these laws, companies are prohibited from engaging in behaviors that are considered abusive, deceptive, or unfair. These behaviors can range from using foul language and threats to repeatedly calling you at all hours of the day. When these practices escalate, they can not only violate civil law but also constitute criminal harassment.
What Constitutes Harassment?
Harassment in debt collection is defined by the persistent and aggressive pursuit of debt in ways that violate your rights as a debtor. Here are some examples of what constitutes harassment:
- Repeated or Continuous Calls: Debt collectors are not allowed to call you repeatedly with the intent to annoy, abuse, or harass you. For example, calling you multiple times within a short period, especially after you’ve requested they stop, can be considered harassment.
- Threats of Violence or Harm: Any threat of physical harm, violence, or other illegal acts by a debt collector is not only a violation of the FDCPA and TDCA but can also be classified as criminal behavior. This includes threats to damage your property or cause harm to you or your family.
- Use of Profane or Abusive Language: Debt collectors are prohibited from using obscene, profane, or abusive language when communicating with you. This includes any language that is intended to degrade or insult you.
- Threats of Arrest or Legal Action Without Basis: It is illegal for a debt collector to falsely threaten you with arrest or legal action if they have no intention or authority to take such action. For example, threatening to have you arrested for not paying a debt is a clear violation.
- Misrepresentation and Deception: Debt collectors cannot misrepresent themselves as law enforcement officers or government representatives. They are also not allowed to falsely represent the amount of money you owe or claim that nonpayment will result in your arrest or garnishment of wages without proper legal procedure.
What Should You Do If You Are Harassed By A Debt Collector?
If you believe you are being harassed by a collection company, it is important to take action to protect your rights. Here’s what you should do:
- Document the Harassment: Keep detailed records of all communications with the debt collector, including dates, times, and the content of the conversations. This documentation will be crucial if you need to take legal action or report the harassment.
- Send a Cease and Desist Letter: Under the FDCPA, you have the right to request that a debt collector stop contacting you. This request must be made in writing, and once the collector receives the letter, they are legally required to stop contacting you, except to inform you of any specific actions being taken regarding your debt.
- Report the Harassment: If the harassment continues, you should report the debt collector to the appropriate government agencies. You can file a complaint with the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), or the Texas Attorney General’s Office. If the harassment includes threats of violence or other criminal behavior, you should also report it to your local police department.
- Consult with an Attorney: If you have been the victim of debt collector harassment, it is crucial to consult with an experienced attorney who can advise you on your rights and help you take legal action. An attorney can assist in filing a lawsuit against the debt collector for violations of the FDCPA or TDCA. In some cases, you may be entitled to compensation for damages, including emotional distress and any financial losses you have incurred as a result of the harassment.
Your Rights as a Debtor
As a debtor, you have the right to be treated with respect and fairness by debt collectors. The FDCPA and TDCA give you the power to stop abusive practices and hold debt collectors accountable for their actions. You are not alone in this fight—legal protections are in place to ensure that your rights are respected, and there are steps you can take to stop harassment and seek justice.
Contact Warren & Migliaccio
If you’re experiencing harassment from debt collectors, you don’t have to endure it alone. At Warren & Migliaccio, L.L.P., we’ve helped thousands of clients put an end to illegal debt collection practices and protect their rights. Our experienced team is here to help you navigate the complexities of debt collection laws and take the necessary steps to stop the harassment.
For a free consultation to discuss your options and find out how we can help you, call us at (888) 584-9614 or fill out our online contact form. We’ll work with you to ensure your rights are protected and that you receive the justice you deserve.
