harassment

Can a debt collector call you during the holidays? It Depends

Can a debt collector call you during the holidays? It Depends

Getting a phone call from a debt collector during the holiday season can ruin your holiday spirit. The Fair Debt Collection Practices Act (FDCPA) restricts the actions of debt collectors, protects consumers, and punishes debt collectors with unruly, bad behavior. Troy Doucet, the firm principal here at Doucet & Associates Co., L.P.A., shares advice regarding the FDCPA and how to deal with unruly debt collectors during the holiday season in the article “Can a Debt Collector call you during the holidays?” in the Atlanta Journal-Constitution.

The FDCPA punishes debt collectors who contact consumers with repetitive, harassing behavior and restricts them from calling consumers at inconvenient times. Calling in the middle of the night or calling a consumer at work are typical examples of an inconvenient time, but holidays may also be arguable inconvenient and a violation of the FDCPA.

Under the FDCPA, consumers are allowed to send a written letter asking a debt collector to stop calling. After, the debt collector may contact the consumer one more time to inform them they plan to take legal action. If the debt collector continues to contact the consumer after the letter, then a consumer litigation lawyer at Doucet & Associates Co., L.P.A. can help determine if the FDCPA has been violated. Once a consumer has legal representation, the debt collector cannot contact the consumer directly without permission of the lawyer.

In Ohio, lawsuits dealing with the FDCPA allow fee shifting. This means if the lawyers at Doucet & Associates Co., L.P.A. can help you win a lawsuit against a debt collector for bad and unruly behaviors, the debt collector will have to pay all of our attorney fees for you. Contact an experienced lawyer at (614)944-5219 for your consultation today.

 

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Doucet & Associates Co., L.P.A. Wins Lawsuit Against a Debt Collector

Doucet & Associates Co., L.P.A. Wins Lawsuit Against a Debt Collector

Doucet & Associates Co., L.P.A. won a lawsuit against Portfolio Recovery Associates, LLC for debt collection harassment and violations of the Fair Debt Collection Practices Act (FDCPA). Our clients sought out our assistance after Portfolio continued to notify them about their debts after they had legal representation and failed to show proper verification.

In 2015, Student Legal Services, Inc. helped our clients by sending a letter asking for verification for some of the debts Portfolio notified them about. Under the FDCPA, a debt collector cannot contact a consumer without permission once they have a lawyer involved.

Portfolio responded by sending a letter directly to our clients verifying another debt, not the debts requested. Portfolio continued to contact our clients by mail and eventually phone about various debts. Portfolio violated the FDCPA by continuing to contact our client’s after they had legal representation.

Portfolio admitted liability through an offer of judgement and paid our clients $2,001 in statutory damages due to collection harassment and violations of the FDCPA.  In Ohio, FDCPA lawsuits that create statutes are also violations for a Consumer Sales Practice Act (CSPA) lawsuit and both allow fee shifting. Therefore, Portfolio is required to pay Doucet & Associates Co., L.P.A. reasonable attorney fees, rather than our client.

Doucet & Associates Co., L.P.A. helps protect consumers from debt collection harassment. Contact us today at (614)944-5219 if you are being called by a debt collector.

 

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How to Stop Debt Collection Calls

How to Stop Debt Collection Calls

Debt collection agencies use a wide range of tactics to collect on past-due accounts. Many are illegal, including:

• Threatening arrest or jail time; • Calling employers about the debt; • Robocalling or texting a cell phone; • Calling before 8 a.m. or after 9 p.m.; • Saying liens will be placed on income; • Threatening violence; • Telling a lie, misstating the debt; and • Mailing a letter with false information in it.

Consumer lawyer Troy Doucet of the Dublin-based law firm Doucet & Associates Co., L.P.A. says consumers have the right to stop collection calls and letters. He explains that the most straightforward method is to write a letter to the collector asking it to stop calling. Collectors must comply with any written demand. Thus, Doucet recommends you make a copy and send it certified mail. Debt collectors are not required to stop calling if the request is only over the phone – the cease and desist demand must be in writing.

Another way to stop the collection agency from calling is to retain a lawyer. The moment a collection agency is aware of legal representation it must immediately stop calling and instead work directly with the debtor’s attorney. There is no written requirement here – merely telling the collector you are represented by counsel ends their ability to contact you further. However, Doucet notes that you must tell them your attorney’s name and phone number when asked.

The federal law governing debt collectors is called the Fair Debt Collection Practices Act (FDCPA). The law has considerable teeth, and the damages available to people under the law include requiring the collector to pay all attorneys’ fees and expenses. The law is designed so that any single violation of the law – including calling after a cease and desist letter is sent – triggers the law’s full protection and damages. Doucet recommends that anyone being harassed by a debt collector seek out legal representation. As he puts it, “going through a tough time in life does not give a debt collector the right to walk all over you.”

Call our Ask a Lawyer Hotline at (614) 221-9800 for help with your debt collector matter.

 

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