When you are facing harassment by a debt collector, it can be incredibly disruptive. Not only are you plagued with constant phone calls and threats of legal action, but the never-ending communication can take a toll on your mental health. Unfortunately, to take action against the collector, you’ll need to gather evidence. As such, the following blog explores what constitutes debt collection harassment and the steps you can take to document these instances. You’ll also learn the importance of working with a San Diego County debt collection harassment lawyer to help guide you through these challenging times.
What Constitutes Harassment by Debt Collectors?
Unfortunately, harassment by debt collectors is far too common, as some take advantage of the fact that many consumers are unaware of their rights in these matters. As such, it’s imperative to understand the rules and regulations that third-party debt collectors must adhere to as per the Fair Debt Collection Practices Act, which deems the following as prohibited behavior when interacting with consumers:
- Placing repeated phone calls in a short period of time
- Calling outside of permissible hours (8 a.m. to 9 p.m.)
- Using vulgar or threatening language
- Discussing your debt with others
- Publishing your name publicly as a debtor
- Refusing to validate the debt
- Misrepresenting the amount owed
How Do I Document Debt Collector Harassment?
When you are facing harassment from a debt collector in California, it’s imperative to understand the steps you should take to gather evidence to help showcase the harassment you’ve experienced. In general, the best way to gather evidence is to preserve all communications with the party. This includes emails, letters, and even phone call logs showcasing the frequency with which they contact you. You should keep a log of each interaction, with the date, time, and content of the conversation, along with any proof, like a screenshot of the phone call information.
In addition, you should also include any copies of letters or messages to the individual telling them to stop contacting you. If they continue, be sure to document this and the frequency at which the communications occur.
It’s imperative to understand that California is a two-party consent state in terms of recording private conversations. As such, you are unable to record a phone call with a debt collector without first obtaining their consent. Not only would these recordings be deemed inadmissible in court, but you can actually face civil penalties for recording a conversation with a debt collector without their consent.
As you can see, facing harassment from a creditor can be an incredibly overwhelming experience. As such, it is in your best interest to connect with an experienced consumer defense attorney with Barthel Legal. Our team understands how difficult these matters can be, which is why we are committed to helping you fight the harassment and recover the compensation you deserve. When you need help, our firm is here. Contact us today to learn more.
