Dealing with debt collector calls can be stressful and overwhelming, especially when they start calling you at work. It is essential to handle these calls in a professional and effective manner to minimize any negative impact on your job.
Debt collectors have an incentive to push the boundaries of the law when they are trying to get money from you. The original creditor to whom you owed money likely had to sell your debt because the accounting rules forced them to, and the debt collector paid them pennies on the dollar. Now, you owe the debt collector money, and the letters and calls may start. If the debt collector gets you to pay them in full, they have made a large sum, allowing them to buy more cheap debt. Debt collectors often make huge profits when they have experience.
Unfortunately, debt collectors often cross the line and break the law. They are banking on the fact that they can intimidate or wear you down into paying what you owe and count on you not knowing the law or your rights. However, federal and state laws give you legal protection, and you can file a lawsuit if a debt collector violates your rights.
You can file a lawsuit if you believe a debt collector has acted illegally. First, contact an experienced debt collection defense lawyer to learn more about your rights and legal options. They have the experience and knowledge of the law to handle the complexities of your case. The initial consultation is free; you will not need to pay your attorney anything upfront.
The Fair Debt Collection Practices Act Keeps Debt Collectors from Harassing You
Federal law strictly limits debt collection practices. Congress passed the Fair Debt Collection Practices Act as a response to the growing problem of debt collection abuse that was destroying families and putting extreme pressure on people who owed money. The FDCPA limits what debt collectors can do and how they can contact you. There are potentially severe penalties when a debt collector violates the law, but you must spearhead the legal action against them.
What Debt Collectors Are Not Allowed to Do Under the Law
Phone calls are one of the major areas addressed by the FDCPA. The law starts with the presumption that the debt collector is limited in how and when they can call you. Right off the bat, the law prohibits debt collectors from doing the following:
- Use or threaten force or violence
- Pretend that they are someone else (including a lawyer who can take legal action against you)
- Call you repeatedly to harass you
- Use profanity or engage in other forms of verbal abuse
- Contact you between the hours of 9:00 PM and 8:00 AM
Debt Collector Phone Calls Are Not Illegal Per Se
Generally, debt collectors still have the right and ability to do their job so long as they follow the law. Congress never intended to completely shut down the debt collection industry and keep it from operating. Debtors must still pay their debts, and debt collectors help your original creditor close what may seem like a bad debt off their books.
If they are not violating the restrictions above, the debt collector can still call you. They do not necessarily know when you are at work; thus, you may receive their phone call when you are at your job. Again, there is nothing inherently wrong with the debt collector trying to reach you.
You Can Prohibit a Debt Collector from Calling You at Work or at All
The FDCPA also gives you other important protections that you may choose to use. You can control and limit when and how the debt collector tries to contact you. All you need to do is tell the debt collector they are not to contact you while you are at work and give them the hours so they are aware. The debt collector must follow your instructions. If they do not, they violate the FDCPA and can be legally liable to you.
In fact, you can keep a debt collector from calling you entirely by telling them that they are not to contact you again and that they need to honor the request. You should follow up the verbal request with a letter confirming what you told the debt collector over the phone. This way, you have proof that you communicated with them. If you file a lawsuit, the debt collector may try to deny that you ever told them to stop calling you.
Tell the Debt Collector to Stop Firmly and Politely
It is best not to argue with the debt collector, even if they violate your wishes and break the law. Remember that you may need to go to court eventually and want to make the issue about their actions and conduct. You do not want to have to answer for something you may have said or done, especially when it involves using threats or profanity. It is better to speak softly and carry the proverbial big stick, knowing that the law protects you and is on your side.
You should simply tell the debt collector that you do not want them calling again, whether they are trying to contact you at work or even altogether. You can tell them that they are free to continue sending you letters, but they cannot keep trying to text or call you. You still have some element of control over the situation.
The debt collectors only break the law when they continue to contact you after you directed them to stop. If they keep trying to call you when you are at work, retain as much evidence as possible of the phone call, including screenshots of your phone. If you speak with them, you should politely reiterate that they should not call you again or at work.
Do Not Let the Debt Collector Intimidate You
Of course, the debt collector may be trying to leverage your fears to get you to pay them. In some extreme cases, they may even break the law by threatening to report your debt status to your employer to get you fired or disciplined. They may be trying to take advantage of the embarrassment of receiving continued calls from debt collectors at work. The debt collector may even believe you can get in trouble when your phone keeps ringing incessantly at your job.
The Debt Collector Can Still Do Their Job
Limiting how the debt collector can contact you does not keep them from taking measures to collect on the debt. Their ultimate right is to file a debt collection lawsuit against you and obtain a judgment they can collect upon in the future. The debt collector can try to seize your assets or garnish your paycheck. Not calling you means you will not hear from them physically, but they can still serve you lawsuit papers when they try to sue you.
You Can Report the Debt Collector to the Government
It is also possible to report the debt collector to the government agency. Two agencies have some oversight over debt collectors:
The FTC may take enforcement action against the debt collector, issuing hefty fines for violations of federal law. However, they deposit this money into the United States Treasury, which does not go into your account.
You Can File a Lawsuit Against the Debt Collector Under State or Federal Law
Legal recourse is available if a debt collector is breaking the law and harrases you. Knowing you have rights is essential when dealing with debt collector calls at work. The FDCPA protects consumers from unfair or abusive practices by debt collectors. It also gives you a private right of action. In other words, you can take the law into your own hands and file a lawsuit against the debt collector. If you believe a debt collector has violated your rights under the FDCPA, hiring an attorney practicing in this law area can be a game-changer. If a debt collector has broken the law, they will be liable to pay you damages.
You can also file a lawsuit under state law that may give you more expanded remedies. Some state laws are even more rigid than the FDCPA. Of course, everything depends on where you are based. Some states even allow you to seek punitive damages if the debt collector’s actions were egregious enough. Your attorney will review the facts of your case and the relevant state and federal laws to determine how to sue the debt collector.
You Can File Individually or in a Class Action Lawsuit
You can file an individual or a class action lawsuit. If the debt collector has engaged in certain wrongful conduct with you, it is likely part of an overall larger pattern. You can file or join a class action lawsuit if others have suffered similar wrongs. There is often strength in numbers and efficiency from filing a class action case, which is why defendants work so hard to defeat the class certification.
However, if the continued calls to work impacted your earnings and career, you will want to file an individual lawsuit because you have suffered your own unique damages. The debt collector may owe you more money than they would another plaintiff, who may not have had their career and livelihood harmed.
Your Damages When You Win an FDCPA Lawsuit
You can receive financial damages if you win an FDCPA lawsuit, including:
- The actual damages that you have suffered due to the debt collector’s wrongful conduct, including things like lost income and emotional distress that they have caused you
- Statutory damages of up to $1,000
- Attorney’s fees and costs
If the debt collector’s actions impacted your ability to earn a living or caused you psychological harm, you may deserve substantial financial compensation. First, you must overcome the debt collector’s defenses, including their denial that you told them not to contact you at work. An experienced attorney understands the tactics debt collectors use and can help you assert your rights effectively.
Get Legal Help Immediately to Protect Yourself
You need to contact an experienced FDCPA attorney when the debt collector begins to violate the law. After thoroughly investigating the facts, your attorney can advise you on stopping the wrongful conduct and file a lawsuit on your behalf. Your lawyer can negotiate a settlement of the lawsuit that can result in compensation, or they may try your case in court if the debt collector will not settle. In many of these cases, your FDCPA lawyer has managed to compile solid evidence, so the debt collector may feel compelled to settle the case on terms that are more favorable to you.
It Costs Nothing Upfront to Hire an FDCPA Attorney
Due to the law, you have no financial downside in hiring an FDCPA attorney. Your lawyer does not ask you to give them any money upfront, and they do not send you bills when your case is pending. This arrangement allows you to pursue justice and hold debt collectors accountable without worrying about upfront costs. Even if you win your case, your FDCPA lawyer will often not get paid from the proceeds, as other attorneys are in personal injury actions. The FDCPA allows the defendant to pay your attorney’s legal fees if you win your case, meaning you can keep the total damages the defendant has to pay you. If you do not win your case, an attorney will not bill you for their time and services.
When facing debt collector calls at work, having an attorney by your side can bring a sense of relief and confidence. They can handle the legal aspects of your case, communicate with debt collectors on your behalf, and work towards a resolution that is in your best interest. Remember, hiring a consumer protection attorney costs nothing upfront, but the potential benefits can be immeasurable. Don’t hesitate to seek legal assistance and protect your rights under the FDCPA.
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