FDCPA Violation: Abusive Language From Debt Collectors
FDCPA Violation: Abusive Language From Debt Collectors
So you’re dealing with a debt collector, and they start using harsh language towards you.
Does that violate the FDCPA (Fair Debt Collection Practices Act)?
Yes, it does.
When they use language that harassing or offensive, the debt collectors are breaking the law.
You may be wondering, “Well, what is abusive language under the FDCPA?”
It could be the debt collector cussing you out, or the collect may be making improper threats against you.
It could be that the debt collector is using racial slurs to insult you.
They could be insulting your religious views.
Any kind of language that is offensive and/or abusive is violating the law.
Here are some examples.
We’ve had situations where the debt collector thought, “Okay, there’s a Hispanic name in connection with this person,” and then go on to tell our client, “If you don’t pay off this debt, I’m going to call Immigration and have them pick you up and deport you. You’ll never see your kids again.”
Our client says, “Look, I’m an American citizen. I was born here.“
But the debt collector insists that they will deport the consumer.
Or they will use racial slurs against consumers.
We had a client who told the debt collector, “Don’t call me on Sundays. With my religious beliefs, I don’t believe it’s right to do business on Sundays.”
The debt collector responded with, “I will call you every single Sunday, multiple times! I don’t care what you believe! I will get this debt paid.”
You can imagine how that goes over with juries!
Insulting people because of their race, age, or religion is a big mistake that abusive debt collectors make under the FDCPA.
“What should I do if this has happened to me?”
Our suggestion is that you should write down what they said and when they called.
If the call was recorded properly, that could work, but it’s important to write it down.
Something simple like, “I had an X minute phone call with so and so from this collection agency. This person said this and that”
Don’t exaggerate it.
Don’t minimize it, either.
Make sure you tell the truth.
Get in touch with us.
Let’s turn the tables on these collectors.
We would be glad to talk about what we can do to help you against these abusive collectors.
You can reach us by phone at 1-205-879-2447.
Or, you can fill out a contact form and we will get in touch with you quickly.
We look forward to helping you figure out the best course of action.
Thanks for reading, and have a great day!
P.S. If you’d like to read some more resources on the FDCPA, click on the links below.
You can learn about when the FDCPA applies, and which companies are considered debt collectors under the FDCPA, and what damages you can receive under the FDCPA. Damages include statutory damages, actual damages and you can sometimes get punitive damages when you sue a debt collector.