Sarita Garg's Legal Blog

Whether you were aware of it or not, debt collectors are required to conduct themselves in a certain manner, and the entire debt collection process is not only regulated by state law, but also federal laws. What does that mean? Well, basically, fair debt collection laws have been set forth which specifically define permissible and impermissible methods that the debt collector must abide by when trying to collect a consumer debt. For example, a debt collector may not harass, oppress, or abuse a consumer or a third party connected to the consumer, or contact the consumer at inconvenient times or places, or continue to do so after the consumer has asked the collector to stop. Thus, the debt collector should not use threats of violence or harm, use obscene or profane language when communicating with the debtor, or repetitively call the debtor with the intention to annoy him or her. Also, debt collectors may not use false or misleading statements when trying to collect. Therefore, the debt collector cannot lie about their identity and falsely claim to be an attorney, government employee, or employee of a credit bureau; tell the consumer that he or she is going to be arrested if he or she doesn’t pay the debt; lie about the amount of the debt owed; or lie about any documents that have been sent to the debtor by claiming that they are legal documents when they are not, or vice versa. Additionally, the debt collector may not resort to unfair practices when collecting a debt. That means that the debt collector may not use deception to try and get the debtor to accept collect calls or pay for telegrams; threaten to take the debtor’ property unless the collector has legal authority to do so; or try to contact the debtor through postcards.  However, it is important that you realize that if you have a claim against a debt collector for violating these laws, it doesn’t relieve you of your obligation to pay off your debts.

So, I am sure you are wondering what happens next, if you discover that you do in fact have a claim.  With regards to remedies , you may sue the debt collector within one year from the date of the violation, in state or federal court. If you are successful, you could potentially recover monetary damages, as well as an additional amount up to $1,000.00. Also, you may be able to recover attorney’s fees and court costs involved in pursuing such a claim. Class action suits are also an alternative, where a group of consumer-debtors file suit against a common debt collector, they can recover monetary damages up to $500,000, or one percent of the debt collectors’ net worth; whichever is the lesser of the two options. If you feel that your consumer rights have been violated by a debt collector, call a qualified attorney at Smith & Garg today for a consultation.