Are You Getting Harassing Calls and Texts About Your Debts?
The Fair Debt Collection Practices Act (FDCPA) was enacted in the 1970s to protect consumers from abusive debt collectors. At that time, cellphones and text messages were not a regular part of anyone's daily communications. More than 35 years later, these forms of communication are central to most people's daily lives - and debt collectors know it.
Just as debt collectors harass and abuse customers through calls to their home phone lines, they text and call consumers on their cellphones in ways that violate the FDCPA or other federal laws. If you are being harassed by collection agencies by text or calls to your cellphone, The Law Offices of Kenneth Hiller can help you. Our lawyers help consumers in Buffalo, Rochester and Syracuse and throughout western, central and upstate New York hold collection agencies accountable when they violate the law.
Legal Protections Against Cellphone Harassment
The FDCPA provides consumers with a wealth of protections against abusive debt collection practices. It applies to third-party debt collectors, who must follow specific guidelines for communications with debtors.
Debt collectors are specifically prohibited from harassing, oppressing or abusing debtors. They are prohibited from:
- Repeatedly using the phone to annoy someone
- Using obscene or profane language
- Using threats of violence or harm
- Making false claims about debt
This means that debt collectors who harass you by cellphone are violating the law. Text messages can be particularly prone to violations. This is because debt collectors are required to include certain information in their communications with you, which can be difficult because of the limited space in a text message.
The Law Offices of Kenneth Hiller Can Help
If you are being harassed by texts or calls to your cellphone in violation of the FDCPA, our law firm can help you. First, we can help you stop the calls. Debt collectors are not allowed to contact you when they know you are represented by an attorney. Second, we may be able to sue the debt collector for money damages. The debt collector could also be required to pay your attorneys fees.