San Diego Consumer Protection Attorneys Giving You the Representation You Need to Stop Harassment From Debt Collectors

Most people will get into some kind of debt during the course of their lives. In fact, as of 2024, almost 20% of Americans owe at least $1000 in medical debt alone. Debt can also be accrued due to car loans, mortgages, student loans, and more. While most people will make an effort to make minimum payments, this isn’t always an option. Many Americans live paycheck to paycheck and may not have the budget to pay unexpected expenses. If this happens too often, you may find your debt being sent to a debt collection agency.

A debt is sent to a collection agent or agency when a business, hospital, or other organization feels they have exhausted all resources in trying to collect money from you. The collection agency will then assume the debt from the original holder and attempt to make a collection. They may buy the debt outright from the business and then keep payment as compensation. They may also assume the debt on behalf of the business and then keep a percentage of the money they collect as payment.

Debt collectors are expected to treat debtors fairly and with respect. Sometimes, however, they can become verbally abusive or even make threats to debtors. The behavior of debt collection agencies is regulated by the Fair Debt Collection Practices Act (FDCPA). This is meant to ensure that debt collectors treat debtors fairly while still being able to collect money they are owed. If a debt collector is harassing you or a loved one or making threats, they may be in violation of the FDCPA. If this is the case, you may be able to take legal action.

What is the Fair Debt Collection Practices Act?

The FDCPA regulates what debt collectors can say, how they behave, and in what ways they are able to contact debtors. The law is meant to protect debtors from harassment and threats by debt collection agents and agencies. Among other things, the FDCPA places the following restrictions on debt collectors:

• Time: Debt Collectors May Only Call Between 8 a.m. and 9 p.m. In Your Local Time Zone
• Location: Debt Collectors May Not Contact You at your Place of Business if You Tell Them it is Inconvenient
• Convenience: If You Are Unable to Speak at the Moment, the Collector Must Terminate the Call and Contact you Later
• Social Media: Debt Collectors May Not post publicly on your Social Media Pages, but They Can Private Message you and Send you a Friend Request
• Harassment: Debt Collectors May Not Harass You
• Misrepresentation: Debt Collectors May Not Make False or Misleading Claims

Many people who owe some kind of debt find themselves being harassed by debt collectors. Many debt collectors assume that a person in debt has made poor decisions. Because of this they may feel free to verbally abuse or threaten debtors. Debt collection agents may also be collecting a percentage of profits for themselves and want to bully a debtor into making a payment so they can collect. Any form of harassment is a violation of the FDCPA.

What is Considered Harassment Under the FDCPA?

Under the FDCPA, the following behaviors are considered harassment:

• Making Repeated Calls After You Have Already Spoken to an Agent
• Using Profanities or Obscene Language
• Threatening to Have You Arrested
• Threatening Violence or Harm to You, Loved Ones, or Pets
• Threatening to Have You Arrested
• Publishing Your Personal Information
• Refusing to Identify Themselves/Making Anonymous Calls
• Contacting Third Parties and Telling them About Your Debt

Debt collectors rely on people not knowing their legal rights. One of the most frequent threats made by debt collectors is to have you arrested. Debt collectors do not have this ability, and US citizens cannot be arrested for owing money. Debt collectors may also threaten to seize your vehicle or property, cause you to lose your job or custody of your children, or make personal threats against you or your loved ones.

Debt collectors may only attempt to collect money owed to the individual or business they represent. They do not have the power to personally seize your belongings. This can only be done by mortgage companies or auto loan holders. Debt collectors are also not allowed to reveal your personal information to other people, such as employers. Even threatening any of this behavior is a violation of the FDCPA.

Debt collectors are also not allowed to misrepresent themselves. Some debt collectors will claim you owe more money than you do in an effort to get you to pay extra. They may also claim they are an attorney or a law enforcement officer in an effort to pressure you into making a payment. It is a crime for a debt collector to represent themselves as an attorney or law enforcement officer.

What Should I Do if I’m Being Harassed by a Debt Collector?

If you’re being harassed by a debt collector, it’s important to gather as much evidence as you can. This includes saving any written or electronic communications. If you are being verbally harassed over the phone, save or record the calls.

Violating the FDCPA is a crime. Debt collectors can be held financially liable for these violations. Violators may be forced to pay you up to $1000 for violations, plus court fees and potential damages.

If you are being harassed by a debt collector, contact the attorneys at Khosroabadi & Hill, APC right away. We’re located at 3550 Camino Del Rio N #303, San Diego, CA 92108, four miles West of Viejas Arena and one mile Southwest of the historic Mission Basilica San Diego de Alcalá. We know how frightening it can be to have a debt collector trying to ruin your life. We believe everyone deserves a fair opportunity to pay their debts without being bullied or threatened. We hold predatory debt collectors and collection agencies responsible. We can help you build a case to make debt collectors accountable for the stress they’ve put you through.

You don’t have to live life in fear of debt collectors or collection agencies. If you or a loved one are being targeted for harassment, call us immediately at 858-240-2093 or email us for a free consultation. We’ll take the fight to predatory collectors and collection agencies for you.