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  • Borrowers’ Rights against Creditor Harassment (Part 2)

    According to the FDCPA, creditors are legally not allowed to use profanities, nor lie about who they are, when trying to collect a debt from a borrower.

    According to the FDCPA, creditors are legally not allowed to use profanities, nor lie about who they are, when trying to collect a debt from a borrower.

    As a continuation of Borrowers’ Rights against Creditor Harassment (Part 1), here is some additional information regarding how the Fair Debt Collection Practices Act (FDCPA) attempts to protect borrowers from the potentially abusive practices of creditors and debt collection agencies. While Part 1 focused on what creditors are required to do when interacting with borrowers, here in Part 2, we will focus on what creditors are legally prohibited from doing when attempting to collect outstanding debts.

    The FDCPA: What Creditors Are Legally Forbidden to Do

    Among the things that creditors are legally prohibited from doing when trying to collect monies owned to them include:

    • Calling borrowers after 9pm or before 8am (in the borrower’s local time zone)
    • Continuing to contact borrowers even after borrowers have sent the creditors written notice that they no longer wish to be contacted and that they do not intend to pay the disputed debt (In such cases, creditors will have to file a lawsuit against the borrower if they wish to continue their efforts to collect on debts.)
    • Incessantly calling or otherwise trying to contact borrowers with the intention of pestering them
    • Contacting borrowers where they work after borrowers have requested that creditors stop doing so
    • Calling or otherwise contacting borrowers who have secured the services of a lawyer (as all communication should go through the lawyer)
    • Contacting borrowers after they have submitted an official request for proof of the debt in question
    • Lying to borrowers about who they are (e.g., by stating they are attorneys or legal authorities) or about the amount of debt in question
    • Publicizing the borrower’s name and contact information on some type of “bad debt” list
    • Using profanities or otherwise abusive language when communicating with debtors
    • Filing false reports on debtors’ creditor reports in an attempt to coerce debtors into paying their debt

    If you are struggling with debt and are looking for a financial fresh start, contact the trusted Colorado bankruptcy lawyers at The Law Office of Andrew McKenna. For more than 20 years, we have been successfully overseeing our Clients’ bankruptcy cases so they can resolve their financial issues as beneficially as possible. Our comprehensive legal knowledge coupled with our vast experience allows us to consistently and efficiently help our Clients achieve the best possible resolutions to their financial matters. For an evaluation of your case and expert advice regarding how to move forward, call us at (303) 730-8819.

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