Birmingham Creditor Harassment Lawyer

It has happened to many of us. We are sitting down after work enjoying the company of our family, and the phone rings. No one answers. Over the speaker, a message blares aloud, "Mr. Smith, this is ABC Debt Collection (or attorney) calling regarding your outstanding balance to 123 Company. Please give us a call at..." This is not the first time you received one of these calls. It is upseting and embarassing, and it happens every day across the U.S. Most people do not realize that the caller just broke the law. The Fair Debt Collection Practices Act is a federal law established to protect consumers from abusive practices in the collection of debts. It applies to most personal or family debts such as auto loans, student loans, medical bills, or mortgage; it does not apply to loans you incurred for a business. Under the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act, debt collectors are prohibited from abusive practices such as harassment. Examples of creditor harassment include:

  • Calling before 8:00 a.m. or after 9:00 p.m.
  • Calling repeatedly
  • Contacting a consumer that is represented by an attorney
  • Contacting a consumer at a place of employment after being told they cannot
  • Failure to stop communication upon written request
  • Disclosing your information to a third party
  • Threatening criminal prosectution for your debt
  • Threatening to garnish your wages without going through the court system
  • Threaten to sue when they do not intend to file suit
  • Not tell you that they are a debt collector

A detailed list of actions a debt collector can and cannot take is available at the Federal Trade Commission's website by clicking here.

If you are suffering from these phone calls or any other type of harassment from creditors, give us a call. We are standing by and ready to get you the help you deserve.

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