Debt Collection Abuse

Debt collectors are legally required to follow strict rules that protect both the consumer and the credit system. They are prohibited from doing any of the following:

• calling you an unreasonable number of times
• calling you at unusual times or places
• calling you before 8:00 a.m. or after 8:00 p.m.
• calling you without identifying themselves
• disclosing information about your debts to third parties, such as your employer
• using profane or other abusive language
• contacting you after written notification that you do not want to be contacted any further
• claiming to be affiliated with any governmental organization
• misrepresenting the character, amount, or legal status of a debt
• threatening to take any illegal action
• accusing you of a crime
• communicating false credit information
• attempting to collect before honoring your request to validate
• using deceptive methods to collect debts

Within five days of the first communication between debt collector and consumer, the debt collector must give the consumer a 30-day notice of the right to dispute the debt. If the consumer provides written notice of intention to dispute the debt, the debt collector must stop all collection activities until it can provide the consumer with verification of the debt. Regardless of whether you dispute the debt, you can ask the debt collector to stop all contact; after this, the debt collector can only contact you once more to inform you of whether a lawsuit will be filed.

If a debt collector has violated any of these rules in an attempt to collect payment from you, you may be entitled to sue for damages. The attorneys at Mehlman TerBeek LLP have experience with these cases and can represent you in court. Call our office today at 925-935-3575 to discuss your options.