The Fair Debt Collection Practices Act Stops Creditor Harassment

By Author: Russell A. DeMott
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In my Charleston, South Carolina bankruptcy practice, I deal with folks who are overwhelmed with debt. If you're in that situation, it's important to know your rights under the Fair Debt Collection Practices Act (FDCPA). Generally, while a creditor may call a debtor at work regarding a debt, a third-party debt collector is prohibited from doing so by the Act without explicit permission from that debtor.

Many debtors know the feeling of dread whenever their phone rings. They know there's a good chance that on the other end of the line is another resounding reminder that bills that haven't been paid, debts are still owed, and consequences could follow if that goes unchanged. And the only thing worse is the knowledge that they just don't have the means of paying what they owe right away.

Try to imagine if those debt collectors could call you wherever and whenever they wanted. What would stop them from sending out flyers to all your neighbors and coworkers telling them you can't pay your VISA bill? Or calling you at 1 o'clock every morning with friendly reminders that Sears is still waiting on their money? What ...
... if JC Penney's debt collectors could threaten to beat you up if you didn't start paying what you owed?

Congress aw saw plenty of potential for abuse in debt collection and included protective guidelines to preserve the safety, sanity, and basic dignity of debtors. The inability to call people at work is one of them. Section 805(3) of the Act prohibits a third party debt collector from communicating with consumers regarding their debts at the consumer's place of employment if they know or have reason to know that the consumer's employer wouldn't allow it. If they do call, they become liable for actual damages, up to $1000 in punitive damages, and attorneys' fees. That means if you were to lose your job or a bonus because of constant debt collection calls, the collector better start worrying.

Of course, there are a couple exceptions to these rules. First, a creditor can call you directly without employing a third party because they aren't considered debt collectors within the meaning of the Act. This includes debt collection companies related by common ownership or corporate control with the creditor company.

Additionally, if you work at a place where such a call would be generally acceptable, the debt collectors may not be liable. For example, if you are self-employed or work from home, there would be no violation of the Act.

Finally, if you give express permission to the debt collector to call you at work, you can reasonably expect those calls to keep on coming. This in mind: it's probably a good idea to choose your words to debt collectors carefully if you ever find yourself in the unenviable position of talking to one.

And if you find yourself getting these calls, that's a sure sign you have financial problems. Get help from an experienced bankruptcy lawyer. He'll go over all your options. Stopping the calls is good, but dealing with the underlying problem is far better.

This article was written by Charleston, South Carolina area bankruptcy lawyer, Russell A. DeMott. In his bankruptcy practice, he represents people with financial problems from Mt. Pleasant, Summerville, Charleston, Hanahan, West Ashley, and all over the Charleston area.